Karaoke Forums

FYI to those interested:
Klarquist Wins First Time Dismissal of Trademark Action in Pro Bono Case

Slep-Tone Entertainment sued Canton Phoenix (a Chinese restaurant and bar in Tigard, Oregon) for trademark infringement. Slep-Tone alleged that Canton Phoenix possessed unauthorized copies of karaoke tracks that were originally engineered and produced by Slep-Tone. Slep-Tone alleged that the public performance of these karaoke tracks in karaoke shows (in which Slep-Tone’s trademark was briefly displayed in the video before and after the lyric cues) created confusion in the viewing public as to whether the karaoke tracks were authorized copies. This case is one of more than 150 such cases filed nationwide by Slep-Tone since 2010.

Canton Phoenix moved to dismiss for failure to state a claim on the grounds that Slep-Tone’s only articulated injury sounded in copyright law and that trademark law could not be extended to cover copyright injuries under the Supreme Court’s decision Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003). The Court granted the motion and dismissed Slep-Tone’s federal trademark claims with prejudice. This case is first to find that the legal theory underlying Slep-Tone’s ongoing nationwide litigation campaign was without merit. Canton Phoenix was represented by Stephen Joncus of Klarquist on a pro bono basis.

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In Music Is Sanity

Well now.. How about that..

Can't say that I'm shocked, but nice to have another precedent set. Thank you for posting!

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

they will probably appeal, but other than that, I don't know what to say.

-James

and cue the "The judge mis-interprited the wording of the law" rebuttal.

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Paradigm Karaoke, The New Standard.......Shift Happens

We have appealed. Also, a few days ago, another judge on the same court ruled exactly the opposite way.

So, does this give credence to what so many folk on here seem to believe: this unique area may not have a clear legal standing one way or the other?

I'm not sure what you mean by "uniqueness area."

Every appeals court that's heard it (to date, 4th, 6th, and 11th) has concluded that these are proper trademark actions. The 9th Circuit will hear three cases this year on it, the 6th Circuit has one right now, and the 7th will have one this year or next. If you read the Dastar case, it's pretty clear that these are proper trademark cases. (Scalia's opinion talks specifically about how the outcome would be different if the accused infringer had included the trademarks in the copies, which is exactly what's happening in our cases.) So this one case from Oregon is an outlier, and we'll have to see what the 9th Circuit does with it.

Thank you, Miss Ellie, for sharing this information with us...also, it was great to see you perform during the halftime show of the Super Bowl last night--where you been hidin', girl???

Gotta love the 'confusion in the marketplace' angle!

Oh i wouldn't say that it's completely irrelivant. This entire mess of music publishers, karaoke producers and the outdated stupid laws has me REALLY confused and bewildered.

Sounds like double jeopardy.......

Um.....Nah, I will leave this one for you other folks.....

Why????.....the question values double.......

Cool it might go all the way up and settle some of the uncertainty at the BIG S.C. in D.C.

unless i am mistaken double jeapory only applies to CRIMINAL cases. This would be a civil matter..

I'm sure Jim will correct me if i am wrong, he always has before *lol*


-James

an appeal does not count towards double jeopardy. when they run out of appeals, they can not go after him again.

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Paradigm Karaoke, The New Standard.......Shift Happens