New article about lawsuit(next date March 12), 1/10/13 Options

[SJN1279]

http://www.law360.com/newyork/articles/406...ver-use-of-name
Band's IP Co. Fails To Settle With Ex-Singer Over Use Of Name
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July 17, 2012


Live's Ex-Singer Sued Over Use Of Band Name

Share us on: Twitter Facebook LinkedIn By Richard Vanderford
Law360, New York (January 10, 2013, 6:48 PM ET) -- The company that controls trademarks for the band Live has been unable to reach a deal with former lead singer Ed Kowalczyk over his use of the band's name in promoting his solo career and will litigate the case, the parties said Thursday.

“The parties had a lengthy mediation but were unable to resolve it and are prepared to move forward,” Jeffrey M. Movit of Mitchell Silberberg & Knupp LLP, an attorney for Live IP company Action Front Unlimited Inc., said at a hearing in Manhattan before U.S. District Judge Jesse Furman.

Kowalczyk and three other original members of Live formed Action Front in 1989 as the company behind the Pennsylvania act, which peaked in popularity in the 1990s. Action Front claims Kowalczyk, which struck out on his own in 2009, violates Live's trademarks by using phrases like “Ed Kowalczyk of Live” to promote himself.

The two sides had put off discovery to engage in a long mediation. Unable to reach a deal, Action Front might now move for summary judgment, Movit said.

“There's a well-developed body of cases involving former members of a band using a mark,” Movit said. “We believe based on the case law we will be able to move for summary judgment.”

The two sides are due to return to court March 12 for another conference. They have not conclusively ruled out a settlement, said Kowalczyk's attorney, Brett Perala of Rosenberg & Giger PC.

Action Front said Kowalczyk did not disclose when he was marketing himself that he had dropped out of Live.

“Kowalczyk is advertising and otherwise promoting his musical performances at venues nationwide under the infringing name and mark 'Ed Kowalczyk of Live,'” it said in its complaint. “By virtue of this conduct, [Kowalczyk] seeks to mislead both concert promoters and the general public into wrongly believing that his musical performances are affiliated with, or indeed feature, the band Live.”

An attorney for Kowalczyk, John Rosenberg, told Law360 on Wednesday that the case was an attempt by the other original members of Live to “punish” the former lead singer for going solo.

“This is the latest tactic by Mr. Kowalczyk's former bandmates to punish him for successfully pursuing a solo career,” Rosenberg said. “Mr. Kowalczyk views these claims as frivolous and intends to vigorously defend in the litigation.”

Live, whose several popular singles include “Lightning Crashes” and “I Alone,” was formed in 1991 by Kowalczyk, Patrick Dahlheimer, Chad Gracey and Chad Taylor. The group had grown up together in York, Pa., and performed together during the 1980s under a different band name.

The complaint makes claims of federal trademark infringement and dilution, false designation of origin, and state trademark dilution related to Kowalczyk's alleged misconduct.

Action Front Unlimited is represented by Jeffrey M. Movit of Mitchell Silberberg & Knupp LLP.

Kowalczyk is represented by John Rosenberg and Brett Perala of Rosenberg & Giger PC.

The case is Action Front Unlimited Inc. v. Ed Kowalczyk, case number 1:12-cv-05483, in the U.S. District Court for the Southern District of New York.

--Additional reporting by Scott Flaherty. Editing by Rebecca Flanagan.

[alexou]

And also Ed left the band by himself. Don't forget that. I think everyone should be happy now. It begins to be more fair. Ed has almost stoped to misbill himself and plays 60% of Live songs in his concert. If it is what you want top see, then it is totally fine. CCP owned the name, they kept it, as simple as that.

[SJN1279]

And also Ed left the band by himself. Don't forget that. I think everyone should be happy now. It begins to be more fair. Ed has almost stoped to misbill himself and plays 60% of Live songs in his concert. If it is what you want top see, then it is totally fine. CCP owned the name, they kept it, as simple as that.

Ed's original intention was to release a solo album and then return to Live. However, once Ed left, bad feeling between the band become public and the hiatus turned permanent.