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Earth, Wind & Fire Lawsuit: Judge Says Tribute Act Can Try to Prove R&B Legends ‘Abandoned’ Name
Facing accusations that they infringed Earth, Wind & Fire’s trademarks, a tribute band has been granted a longer runway to prove their unusual legal defense.
A federal judge ruled Wednesday (Jan. 31) that a tribute band sued by Earth, Wind & Fire for trademark infringement can continue to try to prove its bold counterargument: That the legendary R&B group abandoned the intellectual property rights to its name. “Defendants did this to benefit from the commercial magnetism and immense goodwill the public has for plaintiff’s ‘Earth, Wind & Fire’ marks and logos, thereby misleading consumers and selling more tickets at higher prices,” the group’s lawyers wrote. “Due to the unchecked third-party use of the phrase, [EW&F] has abandoned ‘Earth, Wind & Fire,’ and [the name] has lost its trademark significance,” wrote attorneys for Substantial Music Group, which operates Legacy Reunion.
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