quincy
Senior Member
The US Court of Appeals for the Ninth Circuit issued an Amended Opinion on August 8, 2014, in the case of Experience Hendrix, LLC v HendrixLicensing.com, No. 11-35858, No. 11-35872, D.C. No. 2:09-CV-00285-TSZ.
Order and Amended Opinion, court state summary:
http://cdn.ca9.uscourts.gov/datastore/opinions/2014/08/08/11-35858.pdf
Court Files available for downloading:
http://www.gpo.gov/fdsys/granule/USCOURTS-ca9-11-35872/USCOURTS-ca9-11-35872-0
Briefly, Experience Hendrix, LLC owns Jimi Hendrix trademarks which are used to sell and license Jimi Hendrix merchandise. HendrixLicensing.com was found to be infringing on these trademark rights and also found to be in violation of Washington's Personality Rights Act and guilty of unfair business practices. A District Court jury awarded Experience Hendrix damages that included $60,000 from profits made by HendrixLicensing.com in its infringement, $306,650 for lost profits by Experience Hendrix as a result of the infringement, and $1,365,650 under Washington's Personality Rights Act ($750,000 for reputational harm to the LLC and $300,000 for loss of goodwill).
The US Court of Appeals found a few things that needed rethinking. The District Court's ruling was affirmed in part, reversed in part, vacated in part and remanded.
This has been an interesting case to follow as it has covered several areas that are not always covered in trademark infringement suits. There has been an issue of trademark infringement in a domain name, a good demonstration of profits and losses (although the calculations of these were not quite right), unfair business practices, reputational injury to a business, the commercial use of a deceased celebrity's name, image, and likeness in violation of a state law that specifically covers personality rights, and the constitutionality of this state law.
Packed full of good reading, for those so inclined.
Order and Amended Opinion, court state summary:
http://cdn.ca9.uscourts.gov/datastore/opinions/2014/08/08/11-35858.pdf
Court Files available for downloading:
http://www.gpo.gov/fdsys/granule/USCOURTS-ca9-11-35872/USCOURTS-ca9-11-35872-0
Briefly, Experience Hendrix, LLC owns Jimi Hendrix trademarks which are used to sell and license Jimi Hendrix merchandise. HendrixLicensing.com was found to be infringing on these trademark rights and also found to be in violation of Washington's Personality Rights Act and guilty of unfair business practices. A District Court jury awarded Experience Hendrix damages that included $60,000 from profits made by HendrixLicensing.com in its infringement, $306,650 for lost profits by Experience Hendrix as a result of the infringement, and $1,365,650 under Washington's Personality Rights Act ($750,000 for reputational harm to the LLC and $300,000 for loss of goodwill).
The US Court of Appeals found a few things that needed rethinking. The District Court's ruling was affirmed in part, reversed in part, vacated in part and remanded.
This has been an interesting case to follow as it has covered several areas that are not always covered in trademark infringement suits. There has been an issue of trademark infringement in a domain name, a good demonstration of profits and losses (although the calculations of these were not quite right), unfair business practices, reputational injury to a business, the commercial use of a deceased celebrity's name, image, and likeness in violation of a state law that specifically covers personality rights, and the constitutionality of this state law.
Packed full of good reading, for those so inclined.
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