Cameo Clips

In a suit over a fundraiser that used the name and image of musician Jim Hendrix, the U.S. District Court for the Western District of Washington awarded the defendants a reduced attorney fees and costs under Washington's right-of-publicity law, and no attorney fees for defending against a federal Lanham Act claim. Experience Hendrix LLC v. The James Marshall Hendrix Foundation, C03-3462Z. A 1996 lawsuit settlement between Jimi Hendrix's father Al ' the heir to Jimi's estate ' and Jimi's brother Leon stated “Leon will not … exploit or attempt to exploit Jimi Hendrix's name, image or likeness on merchandise of any kind, without a written license from [the estate's] Authentic [Hendrix].” Leon later incorporated the non-profit James Marshall Hendrix Foundation. In November 2003, the foundation held a fundraising event that was announced without the estate's knowledge. When the estate filed suit, the court granted the defendants' motion for summary judgment on the estate's right-of-publicity claim and later granted voluntary dismissal of the trademark claims.

The defendants sought $123,353.15 in attorney fees and costs under the Washington Personality Rights Act (PRA), but the district court awarded $52,129.76, in part based on a 50% reduction for “unproductive time [the defendants spent] on unnecessary pleadings. … For example, Defendants needlessly opposed Plaintiffs' motion to voluntarily dismiss with prejudice the claims remaining in the lawsuit. … Moreover, the Court applies the 50% discount because Defendants incurred a significant portion of the fees and costs after the Court's Order of April 15, 2005 dismissing the Washington PRA claim.”