Lanham Act Violated In Intellectual Property Case.
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Plaintiffs are the children of celebrity Bob Marley who formed an entity to exploit the assets, rights and commercial interests of the now deceased Marley. Defendants purchased photographs of Marley from a photographer and produced Bob Marley T-shirts which were sold by Target, Walmart and other retailers. Plaintiffs sued defendant, alleging four causes of action. The federal district court granted summary judgment to defendants on the common law trademark infringement claim as well as the state law right of publicity claim. The two remaining claims, false endorsement under 15 U.S.C. § 1125(a) and trademark infringement under 15 U.S.C. § 1114, were tried to a jury. The jury awarded plaintiffs $300,000, and the court ordered defendants to pay disgorgement of profits payments of approximately $800,000. In a lengthy opinion, the Ninth Circuit affirmed, stating: “We conclude that the evidence presented at trial was sufficient for a jury to find Defendants violated the Lanham Act by using Marley’s likeness. Our narrow holding relies on the familiar principles that underlie celebrity false endorsement claims, and we reject Defendants’ contention that the application of these principles results in a federal right of publicity.” (Fifty-Six Hope Rd. Music, Ltd. v. A.V.E.L.A., Inc. (Ninth Cir.; February 20, 2015) 778 F.3d 1059.)
