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Earth, Wind & Hearth has received its trademark lawsuit towards a tribute act that used the legendary R&B group’s identify with out permission, with a federal choose ruling that the proof pointed “overwhelmingly” within the band’s favor.
In a call launched on Monday, a Miami federal choose dominated that the tribute group infringed Earth, Wind & Hearth’s mental property rights by calling themselves “Earth, Wind & Hearth Legacy Reunion.” He known as the band’s advertising and marketing “misleading and deceptive.”
Particularly, the choose cited indignant social media posts and emails from followers who attended the “Reunion” exhibits as a result of they thought it was the unique band – proof of the type of “precise confusion” that’s essential proof in a trademark lawsuit.
“It isn’t a far cry to suppose that a median client searching for an Earth, Wind & Hearth live performance would imagine that they might purchase that have from both plaintiff or defendants,” Choose Federico A. Moreno wrote.
Earth, Wind & Hearth has continued to tour since founder Maurice White died in 2016, led by longtime members Philip Bailey, Ralph Johnson and White’s brother, Verdine White. The band operates underneath a license from an entity known as Earth Wind & Hearth IP, a holding firm managed by Maurice White’s sons that formally owns the rights to the identify.
Final yr, that firm filed the present lawsuit, accusing Legacy Reunion of making an attempt to trick customers into pondering it was the true Earth, Wind & Hearth. Although it known as itself a “Reunion,” the lawsuit mentioned the tribute band contained just a few “aspect musicians” who had briefly performed with Earth, Wind & Hearth a few years in the past.
“Defendants did this to profit from the industrial magnetism and immense goodwill the general public has for plaintiff’s ‘Earth, Wind & Hearth’ marks and logos, thereby deceptive customers and promoting extra tickets at larger costs,” the group’s legal professionals wrote on the time.
Tribute acts — teams that solely cowl the music of a selected band — are legally allowed to function, and so they usually undertake names that allude to the unique. However they have to clarify that they’re solely a tribute band, and so they can get into authorized sizzling water in the event that they make it seem that they’re affiliated with or endorsed by the unique.
In Monday’s choice, Choose Moreno dominated that Legacy Reunion had finished precisely that – notably with its references to a “Reunion” and claims that the performers had been former members of Earth, Wind & Hearth. The choose mentioned the later addition of “Alumni” and different reformulations of the identify weren’t sufficient.
“Whereas the court docket understands there’s dispute on how distinguished of a task the musicians performing in [Legacy Reunion] performed within the Earth, Wind & Hearth group, defendants commercials draw a detailed, unmistakable affiliation with Earth, Wind & Hearth to a level unwarranted by the historic file,” the choose wrote.
“No matter if defendants’ musicians had been technically sidemen or members, the commercial and advertising and marketing had been nonetheless misleading and deceptive as as to if the principle (or most prominently identified) members of the band can be performing,” Choose Moreno wrote.
The choose cited quite a few complaints from Earth, Wind & Hearth followers who had allegedly been confused by Legacy Reunion’s identify. In a single e-mail, a fan mentioned the identify was “deceptive” as a result of they’d attended the present “within the hopes of seeing Philip Bailey, Verdine White and others from the unique band.” One other e-mail complained that the tribute band was a ‘bait and change.’ In a Fb publish, one other fan mentioned: “If the three remaining authentic members aren’t on this tour, that is principally a rip-off!”
In technical phrases, Monday’s ruling determined that Legacy Reunion had violated Earth, Wind & Hearth’s logos, however didn’t determine how a lot they have to now pay in damages. That subject shall be left for a future trial, which is presently scheduled for Could. Within the meantime, Choose Moreno mentioned that Legacy Reunion can be barred from doing something that might infringe Earth, Wind & Hearth’s logos.
Neither aspect’s attorneys instantly returned request for touch upon Monday.
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