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Ninth Circuit Upholds Marley Estate False Endorsement Claim
The U.S. Court of Appeals for the Ninth Circuit decided there was sufficient evidence to support a jury's finding that merchandiser A.V.E.L.A. violated the Lanham Act by using the unlicensed image of Bob Marley on t-shirts and other merchandise in a manner likely to cause confusion that the Marley estate sponsored or approved of the products. Fifty-Six Hope Road Music Ltd. v. A.V.E.L.A. Inc., 12-17502.
Bob Marley's children own Fifty-Six Hope Road Music Ltd., which exploits the interests of their late father. In 1999, Hope Road granted Zion Rootswear LLC an exclusive license to design, manufacture, and sell t-shirts and other merchandise bearing Bob Marley's image.
Later, Hope Road and Zion sued A.V.E.L.A. and others for trademark infringement under 15 U.S.C. '1114, false endorsement, common law trademark infringement, unauthorized commercial use of right to publicity under Nevada law, and intentional interference with prospective economic advantage. The claims arose from A.V.E.L.A.'s use of Marley photographs on merchandise.
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