MI2N
Music Industry News Network
TUESDAY, JULY 22ND
Advanced Search
MusicDish Advertising Network
Subscribe to Mi2N's Free Newsletters B2N (business) i2N (indie)
HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Video News (more headlines) 02-23-2013

Pryor Cashman Wins Trademark And Unfair Competition Case Involving Hit Movie "50/50"

Bookmark and Share
The U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark and unfair competition case brought under the federal Lanham Act against Summit Entertainment, Mandate Pictures and Lions Gate Entertainment in connection with the critically-acclaimed motion picture 50/50. The case, Eastland Music Group et al v. Lions Gate Entertainment et al, had previously been dismissed by the U.S. District Court for the Northern District of Illinois, in Chicago.

Plaintiffs Eastland Music Group, LLC, "the proprietor of the rap duo Phifty-50," claimed to have statutory and common law trademark rights in "Phifty-50" and "50-50" and alleged that the use of "50/50" for the film's title infringed those rights under the Lanham Act. The district court dismissed those claims, relying on the Second Circuit's first amendment analysis in the landmark Rogers v. Grimaldi case, which had rejected Ginger Rogers' claims against the Federico Fellini film Ginger & Fred. The lower court found that the title "50/50" had artistic relevance to the content of the film which concerns a young man who has a 50/50 chance of surviving a rare form of spinal cancer and that the title was not explicitly misleading as to the source or content of the film.

The Seventh Circuit, which is among the federal circuits that had not yet adopted the Rogers test, affirmed without deciding the applicability of the Rogers free speech analysis, noting that "courts should avoid unnecessary constitutional adjudication." Chief Judge Frank Easterbrook found that Eastland's complaint was legally insufficient because it could not plausibly allege that "the use of '50/50' as a title has caused any confusion about the film's source," and that dismissal was therefore required under post-Rogers Supreme Court precedents regarding the Lanham Act and the legal sufficiency of complaints.

Partner Tom J. Ferber, who had also successfully represented the defendants in the Rogers case, and associate Ross Bagley, both members of Pryor Cashman's Litigation, Intellectual Property and Entertainment and Media Groups, successfully represented the defendants.

Bookmark and Share

back | top



MusicDish Advertising Network

Mi2N Music PR

MusicDish*China Top 5 Indie Song Chart 07/12-07/18/2014

MusicDish*China Booking Second China Tour For French Jazz Singer Clotilde Rullaud

Longreef, Friend Movement And Abijack Management Join Forces For Launch Of Powerful "Battle Plan" Single And Video

MISSING LINK MUSIC ON ED SHEERAN'S #1 ALBUM

Chaz DePaolo Live: One Night In IONA

Maybe Mars Presents: The XP Sound Vol.1

CONVICTS TAKE ON CONGRESS

Da Phatfunk Clique Releases More Funk Jazz On The Violin!



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» MusicDish*China Launches Song Promotion Service For China
» Stanton SCS.4DJ USB Mixstation With Version 5.0 Software On Display At Summer NAMM 2014
» Big Fuss Records To Continue Helpful Music Artist Program In 2015
» Envivio Powers Transmission Of NRJ HITS France In Ultra HD TV Over Digital Terrestrial Television
» Pandora Internet Radio Hits Two Million Listeners In ANZ In Under Two Years
» Island Records Promotes Eric Wong To Executive Vice President/General Manager, Island Records
» NASTRAQ -- The New Platform For Monetizing Entertainment
» Rotosound Announces String Change Clinics With Bassist Jim Houghton
» New White Mic Music Single "Cheers" Brings The Party To You!
» Ed Roman Receives Two AMG Heritage Awards Nominations


Get your music news covered...
Have your press release written
by the pros at Mi2N

Articles
MUSICDISH E-JOURNAL
» Temple Bar 3 Year Anniversary
» Zebra Music Festival (Shanghai) Announces Headlining Acts (Chinese Version)
» Raising Our Voices For Fennie: Benefit Concert Zajia Lab, July 13
» Raising Our Voices For Fennie: Benefit Concert Zajia Lab, July 13 (Chinese Version)
» KANO Premiere At New York Asia Film Fest (Chinese Version)
» Over 90% Of Adults Support The Provision Of Music In Schools
» Why Branding Is More Important Than Ever
» Executive Wach: Tracktion Software Corporation, Liberace Foundation, McNally Smith College Of Music, SPIN, WSOU, Guitar Center
» "Overheard 3" And "Golden Chickensss" Took The Stage At New York Asian Film Festival (Chinese Version)
» Exclusive Interview With Up-&-Coming Beijing Indie Heat Mark
» Aloft Hotels Launches Global Search For Emerging Music Talent
» MusicDish*China Enlists Chinese Music Sites Wa3 And Ximalaya For 'China Life' Tour

Mi2N's Music PR distribution service guarantees online exposure for your press release. Choose from seven (7) different packages.


HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Copyright © 1997-2014 MusicDish LLC, all rights reserved. Text, graphics, and HTML code are protected by US and International Copyright Laws, and may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.