Who's in the band may be a legal matter

Article Abstract:

Whether a music group can continue to use its group name after a member departs and whether a departed member can keep using the group's name on tour or on records have often been issues in litigation. These disputes are usually decided under Section 43(a) of the Lanham Act. In Fuqua v Watson and Noone v Banner Talent Associates, the court held that the departed group members were so well-known that a performance not including them but advertised under the original group name was misleading and actionable under the concept of "false description."

Names, Rock groups

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Infringement cases yield a strange brew

Article Abstract:

Federal courts of appeal have in two recent cases reached opposite conclusions as to the breadth of protection to be offered famous trademarks. In Kenner Parker Toys Inc v. Rose Art Industries the Federal Circuit reiterated the view that well-known trademarks deserve broad protection. In Anheuser-Busch Inc v L & L Wings Inc the Fourth Circuit moved away from this traditional stand and reversed a decision holding a T-shirt maker, who mimicked the wording of an Anheuser-Busch ad, to have infringed on the beer-maker's trademark.

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Beware the 'creeping contract.' (entertainment industry law)

Article Abstract:

Many entertainment industry contracts are open-ended agreements from which legal disputes often arise. These 'creeping contracts' are subject to two types of disagreements: disputes over the terms and their meaning and the enforcement of terms when one party refuses to meet the demands of the other. Plaintiffs in performance cases must satisfy the statute of frauds. To avoid litigations, pains should be taken to make the 'deal memo' agreement as specific as possible.

Contracts, Entertainment industry, Entertainment law

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