The first legal issue is that of Trademark Infringement. Please visit the Chris Aire v. Louis Vuitton case to see my analysis on Trademark infringements.
The second legal issue raised is that of ‘Right of Publicity.’ There are many lawsuits on this topic but check out the Kim Kardashian lawsuit v. Old Navy. I think it might be a good fit.
“Fifty-Six Hope Road Music, the entity run by the widow and nine children of late reggae superstar Bob Marley, is going to court to protect the Marley marks from Richard Booker, a half-brother of the singer. According to a lawsuit filed in Florida federal court on Thursday, Booker has been using Marley’s name and image for music festivals and plans to use it in other commercial endeavors. The estate is seeking an injunction against further exploitation of Bob Marley’s likeness.
In 2007, Booker filed a trademark application on “Mama Marley,” intending to use the mark on a variety of products, from steamed cakes of smashed fish to low calorie coffee to flavored soft drinks. The application signaled an intent to use “Mama Marley” to open some sort of hotel, bar or restaurant service.
The Marley estate opposed the registration on grounds it would confuse consumers and dilute its own Marley intellectual property. The opposition has been pending since 2008.
In the meantime, Booker allegedly owns and operates the website, bomarleymovement.com, and has been promoting an annual music festival in Miami, Florida, referring to it at times as the “Marley Fest.”
The plaintiff believes such activity will cause irreparable damage to the Bob Marley brand and is now seeking profits and treble damages for allegedly willful infringement. . .” – THR, Esq’s has the full story.
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Fashionentlaw™ is the brainchild of Uduak Oduok (Ms. Uduak), an ex-fashion model and industry veteran turned Fashion and Entertainment lawyer. The law blog discusses hot topics in pop culture arising primarily out of the fashion industry.
As a legal practitioner, Ms. Uduak has over two decades of experience counseling individuals and businesses within and outside the creative community. She has counseled designers, apparel manufacturers, models, photographers, retailers, graphic designers, musicians, public relations specialists, and athletes, among others, on diverse legal issues including business formation, licensing, trademark and copyright matters, contracts, intellectual property and contract disputes. She is also an Adjunct Professor.
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