Judge Zobel is presiding over another pre-emptive concert merchandise case, this one involving the performer Katy Perry. Blackout Merch claims the exclusive right to utilize Ms. Perry’s registered trademarks in connection with concert merchandise in North America, and seeks to prevent the sale of infringing merchandise at or around Boston’s TD Garden when Ms. Perry performs there on the 29th and 30th of September.
Judge Zobel issued a preliminary injunction and seizure order preventing bootleg sales of concert merchandise. The concert promoter for Coldplay filed suit prior to Coldplay’s August 4th concert at Gillette Stadium in an attempt to deter counterfeiting related to merchandise bearing various “COLDPLAY” registered marks. Judge Zobel noted that numerous defendants had been served with the complaint at the Gillette show but had failed to appear for the hearing on the motion for preliminary injunction. The order prohibits the defendants from using the band’s trademarks on any merchandise or from aiding or inducing others from using them, and further orders the U.S. Marshal for any district in which the Plaintiff seeks to enforce the order to seize and impound all infringing merchandise being offered for sale in within ten miles of any Coldplay concert for a period of time from six hours prior to the concert to six hours after the show ends. While the injunction came too late to help the band (and the concert promoter Plaintiff) in Foxboro, it should serve to protect them on the remainder of their shows in America.
It is interesting to note that Coldplay is no stranger to intellectual property lawsuits, having itself been sued by guitarist Joe Satriani for infringing the copyright in his instrumental song “If I Could Fly” through Coldplay’s hit “Viva la Vida” (a comparison of the two songs can be found here). That case settled out of court in 2009.
Bravado International Group Merchandising Services, Inc., the marketing company holding rights to trademark registrations and applications owned by singer Lady Gaga, filed a preemptive infringement suit seeking to prevent various as-yet unidentified companies from selling merchandise (t-shirts, program books, hats, buttons, posters and the like) incorporating the marks at or in the vicinity of concerts given by Lady Gaga in North America. The complaint alleges that the defendants have sold similar merchandise at past shows, and includes charges for trademark infringement and false designation of origin. Plaintiff seeks injunctive relief to prevent counterfeit merchandise from being sold at or near Lady Gaga’s upcoming Fenway shows in September, as well as at her subsequent U.S. shows. The case is before Judge Zobel.