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Lanham Act Injunction Against Former Commodores Member Enforceable Outside the United States
The U.S. Court of Appeals for the Eleventh Circuit affirmed a preliminary injunction barring former Commodores music group member Thomas McClary from billing his current group as “The Commodores” for live performances. Commodores Entertainment Corp. (CEC) v. McClary, 14-14883. McClary left The Commodores in 1984 but was touring as “The Commodores Featuring Thomas McClary.” The U.S. District Court for the Middle District of Florida, granted the preliminary injunction to Commodores Entertainment on CEC's trademark infringement claim under the federal Lanham Act by finding that the remaining members of the original group “maintained quality or control over the [m]arks.” In its affirmance, the Eleventh Circuit also decided the injunction was enforceable outside the United States because: “McClary's booking agent operates from the United States; the customer confusion was not limited to the United Kingdom and Switzerland (where McClary booked performance dates) but was also present in the United States; the marks are not registered in a foreign country; and use of the marks extraterritorially will have an effect on CEC, a United States corporation.”
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Universal Pictures London-Based Affiliates Not Subject to Personal Jurisdiction in Missouri in Litigation over Distribution Deal
A magistrate for the U.S. District Court for the Eastern District of Missouri ruled that it lacked personal jurisdiction over Universal Pictures-affiliated companies based in London that entered into a distribution and marketing agreement with a Missouri-based toy company that produced animated movies of its characters. Cepia LLC v. Universal Pictures Visual Programming Ltd. (UPVP), 4:15 CV 1181. The agreement granted the Universal companies exclusive distribution rights for specified countries outside the United States. But Cepia sued alleging the defendants had distributed its film Amazing Adventures of Zhu to TV networks in Brazil and France without Cepia's knowledge or approval. The causes of action included breach of contract. Magistrate Judge John M. Bodenhausen found: “The evidence before the Court shows that UPVP [and Universal Pictures International Entertainment] did not transact any business in Missouri within the meaning of the [state's] long-arm statute. The record shows that Cepia approached UPVP regarding the distribution and marketing of the Movies outside the United States. UPVP did not reach out and initiate business within the State of Missouri. ' The Agreement covered the international distribution via 'DVD, Blu-ray, 3D Blu-ray, EST [Electronic Sell Through], VOD and TV' of the Movies Cepia financed and produced before the parties entered the Agreement.” The magistrate added: “Here, there is no indication at all that UPVP had offices, property, personnel, or any agents in Missouri. Cepia solicited the business relationship with UPVP in England. The Agreement contemplated UPVP's efforts in markets outside of the United States. UPVP sent no products to Missouri for distribution. No face-to-face meetings occurred in Missouri.”
Stan Soocher is Editor-in-Chief of Entertainment Law & Finance and a tenured Associate Professor of Music & Entertainment Studies at the University of Colorado's Denver Campus. His most recent book is Baby You're a Rich Man: Suing the Beatles for Fun & Profit (ForeEdge/University Press of New England). For more, visit www.stansoocher.com.
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