Bit Parts

The U.S. District Court for the Southern District of New York denied a motion for summary judgment by members of the band Hi-Five against RN'D Distribution in the music group's suit that alleged violation of the Federal Trademark Dilution Act (FTDA), 15 U.S.C.A. '1125(c). Irby v. Thompson, 05 Civ. 9935(LTS)(KNF). The district court explained that a FTDA plaintiff must show a defendant “'willfully intended to trade on the recognition of the famous mark' and caused or is likely to cause 'dilution by blurring,' or that the defendant 'willfully intended to harm the reputation of the famous mark' and caused or is likely to cause 'dilution by tarnishment.'” But the court found that the Hi-Five “have provided no evidentiary proffers to establish the mark's fame other than information contained in documents purporting to be printouts from the [Web site] of the Recording Industry Association of America (RIAA), for which they have not proffered the necessary foundational support and authentication pursuant to the Federal Rules of Evidence.”

Digital Royalties Suit/Motion to Dismiss Denied