Rock Band's TM Infringement Claims Fail, Judge Rules

Law360, New York (March 1, 2017, 7:26 PM EST) -- Southern rock group The Marshall Tucker Band may not pursue trademark infringement claims against its publishing company, a South Carolina federal judge said Wednesday, granting a motion to dismiss the suit and saying the band never proved commercial use.

Judge Mary Geiger Lewis said the band's federal claims for trademark infringement, trademark dilution, declaratory judgment and trademark cancellation, plus state claims including trademark infringement and breach of contract, could not be solely supported by statements from two pre-existing trademark applications.

The suit, launched in February 2016, accused M T Industries Inc., the publishing company that owned the master recording rights to...

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