Bit Parts

The U.S. District Court for the Eastern District of Michigan decided that DJ/turntablist Lee Kibler didn't have a strong, enforceable trademark for the name “DJ Logic,” which he has used since 1999. Kibler v. Hall, 14-10017. Kibler sued rapper Robert Hall, who has performed as “Logic” since 2009. Senior United States District Judge Arthur J. Tarnow noted in part: “Plaintiff has produced no survey evidence showing consumer recognition of his mark. Likewise, he has produced no evidence concerning the marketing of his albums. Plaintiff has sold less than 300 albums over the past three years and less than 60,000 since release of his first album sixteen years ago. He currently has no recording contract, and his past recording contracts were not with a major label. In sum, the evidence shows that Plaintiff's mark has little commercial strength.” Judge Tarnow added that the use of “Logic” by other musicians further weakened Kibler's mark: “Defendants have identified various musicians who, like Plaintiff, market music online under a name incorporating 'logic' or a variation thereof ' some of whom also incorporate 'DJ' into their name.” The district judge later observed: “Considered in its totality, the 'DJ Logic' mark is significantly distinct from Defendant Hall's 'Logic' mark. The 'DJ' portion not only changes the look and sound of the mark but also describes or suggests certain characteristics of Plaintiff's music.”

Second Circuit Affirms Jury Instruction That Cited Only Part of Copyright Act's List of Fair Use Factors