Rolling Stone was recently sued for violating trademark and rights of publicity by taking cover images of famous musicians and putting them on t-shirts to sell. Live Nation filed the suit in California over the use of Nirvana, Beyonce and other musicians image, as they apparently have exclusive licensing deals with the artists. The sale of these t-shirts by Rolling Stone would be considered unfair competition and result in loss of money to the company.
Rolling Stone claims they are not infringing the First Amendment under Fair Use and that the "merchandise was expressive non-commercial speech part of a "subscription promotion campaign." The judge is asking for more evidence.
Read Full Article: http://www.thresq.com/2009/12/rolling-stone-merchandise-trademark-lawsuit.html
Saturday, December 19, 2009
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