'Joke' Defense Can't Shoot Down Eagles Singer's IP Suit
By Kurt Orzeck (January 22, 2015, 9:22 PM EST) -- A California federal judge on Wednesday refused to toss a trademark-infringement suit that Eagles frontman Don Henley recently launched over email advertisements for Henley-style shirts that urged customers to "Don a henley, take it easy," despite the apparel company's argument that the promotion was "obviously a joke."
Denying Duluth Trading Co.'s motion to dismiss, U.S. District Judge Dale S. Fischer decided the defendant hadn't established that its use of Henley's name — and the name of one of his band's most famous songs — in its advertisement was sufficiently transformative on its face.
Henley filed his case in October, claiming Duluth's...
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