MI2N
Music Industry News Network
MONDAY, MARCH 30TH
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

Celebrating 10 Years Of Success And Community In The Midwest With Mindset Evolution

The Underground Presents PLANETROX China 2015

Dramatic New Solo Piano Album Represents Several "Firsts" For Award-Winning Artist Fiona Joy And Cookie Marenco’s Blue Coast Music Group

On Easter Sunday 2015, The Light Will Shine In The Darkness

Meresha - 1st Ever World Music Premier On The #1 Social Media Startup Tsu April 7

Legendary Stax Guitarist Steve Cropper And Rock Newcomer Matt Miller Make Beautiful Music Together

Taiwan's Bearbabes Answer "How To Love" With Upcoming Performances

Aleynu. New Video From LENKA LICHTENBERG Is Upon Us!



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» ICMP, CMPA And CMRRA Support SODRAC In Supreme Court Royalties Case
» Beatport Introduces Free Mobile Apps With Unlimited Streaming Music
» International Recording Artist "David Correy" Signs To 50/50 Music Group
» The Notionaries "Excited Eyes" VEVO Release Coming April 1st, 2015
» A Warmer Welcome To Big Business From EDM
» Ethan Kaplan Joins Gracenote As General Manager Of Music
» Sound Designer And Editor Talks Business, Creativity, And Technology
» Deadline Extended For 2015’s International Music+Sound Awards
» J Metro Releases New Single "Magic"
» Bangtower Producer Jon Pomplin Signs Endorsement Deal With Conquest Sound USA


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

Articles
MUSICDISH E-JOURNAL
» ReverbNation And SESAC To Nurture Emerging Artists
» Veteran Chinese Rocker Wu Tong Presents "Song Of The Sheng"
» Inner-Mongolian Indie Band Ajinai's World Tour Launches In Toronto
» 26th Annual Golden Melody Awards & Festival
» Toyota 'Feeling The Street' Global Street Music Campaign
» MusicDish*China Review: 'Chinese Kiss' From Chinese Music To Hip Hop
» JUE | Music + Art Presents Awesome Tapes From Africa
» Students, Musicians And Filmmakers Unite For The 'Take Me To The River' Education Initiative Launch
» ASCAP CEO Elizabeth Matthews Testifies For Senate Judiciary Subcommittee
» JUE | Music + Art Launches 7th Edition In Beijing & Shanghai
» Kenney Shiu Appointed New Director Finance & A&R At BMG China
» Dutch Indie-Rock/Modern Wave Band Atlantic Attraction Tours China

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 © 1997-2015 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.