Plaintiffs Experience Hendrix, LLC ("Experience Hendrix") and Authentic Hendrix, LLC ("Authentic Hendrix") (collectively, "Plaintiffs") previously sued Electric Hendrix, LLC in this Court for infringing Plaintiffs trademarks in the sale and advertising of vodka and other merchandise. Jimi Hendrix: Electric Church Jimi’s legendary story at Atlanta Pop told in documentary. A contract agreed that certain music tracks by the late Jimmy Hendrix could be used; The contract was breached as more tracks than were agreed were used; Issue.
... RELATED CASE R v Attorney General for England and Wales [2003]
15 U.S.C. EXPERIENCE HENDRIX, L.L.C., a Washington Limited Liability Company, and AUTHENTIC HENDRIX, LLC, a Washington Limited Liability Company, Plaintiffs, Parties, docket activity and news coverage of federal case Experience Hendrix, L.L.C. Response, at 7. Because both Plaintiffs and Defendants use a signature mark on some of their products, both signature marks convey the same meaning.The Court finds that the signature marks are similar, and this factor weighs in favor of infringement.Evidence of actual confusion is persuasive evidence that future confusion is likely.Defendants concede that Plaintiffs and Defendants sell products through similar marketing channels of online and retail stores for apparel and posters. Jimi Hendrix discovered his gift on a $5 acoustic guitar when he was thirteen years old, and despite a lack of formal training and releasing just three albums during his lifetime, he remains one of the most influential musicians of all time. MERCH. P. 56(c). The defendants began using the marks “Jimi Hendrix Electric” and “Jimi Hendrix Electric Vodka” for distilled spirits, prompting Experience Hendrix to file suit for trademark infringement. The defendants, including Jimi’s brother, started a marijuana business and were attempting to use Jimi Hendrix… ORDER OF PERMANENT INJUNCTION. Janie Hendrix Decl., docket no. Experience Hendrix Tour The all-star concert event of the year! info . DOWNLOADS. Plaintiffs now move for partial summary judgment and argue that Defendants are infringing Plaintiffs' HENDRIX "family" of trademarks by:Plaintiffs seek to have Defendants permanently enjoined from using these marks. A certificate of registration of a mark upon the principal register is prima facie evidence of the validity of the registered mark and of the registration of the mark, of the registrant's ownership of the mark, and of the registrant's exclusive right to use the registered mark in commerce or in connection with the goods or services specified in the certificate, subject to any conditions or limitations stated in the certificate. v. Because the Court finds that Defendants' marks do not fall under the nominative or classic fair use exception, and because the Court finds that Defendants' marks are likely to cause confusion, the Court finds that Defendants' use of Plaintiffs' marks in Defendants' URL addresses and business names, Defendants' use of Defendants' Headshot Logo, and Defendants' use of Defendants' signature mark infringed on Plaintiffs' registered trademarks.Plaintiffs' counsel shall file a proposed form of permanent injunction consistent with this Order and note the matter on the Court's calendar for the second Friday after filing the proposed injunction. 8, ¶ 7. Click the citation to see the full text of the cited case. Janie Hendrix Decl. 6 (Certificates of Registration), 9 (Trademark Application/Registration Status Report) (registration no. Click on the case name to see the full text of the citing case.Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.EXPERIENCE HENDRIX, L.L.C. Defendants' Headshot Logo depicts an image of Jimi Hendrix's head from the mouth up as part of the head of an electric guitar.Two notable similarities are immediately apparent in the appearance of the design marks: the use of the word HENDRIX in all capital letters and the rendering of the image of Jimi Hendrix in a silhouette-like picture.Finally, Defendants argue that Defendants' signature mark differs from Plaintiffs' signature mark when using the test of sight. Jimi Hendrix Merchandise Check our official merchandise at the Hendrix Store. Stylish and protective for iPhone SE, 11, XS, X, 8, and more. The Court stated:This Court entered an Order for Preliminary Injunction, docket no.
Available Now The complete Dagger Records collection. ANDREW PITSICALIS, an individual; LEON HENDRIX, an individual; PURPLE HAZE PROPERTIES, LLC, a Nevada Limited Liability Company; ROCKIN ARTWORK, LLC, a Nevada Limited Liability Company; CARMEN COTTONE a/k/a CARMEN THOMAS ANDOLINA a/k/a CARM COTTONE, an individual d/b/a PARTNERS AND PLAYERS, a New York Company and d/b/a DYNASTY GOURMET FOODS, a New York Company; FIREFLY BRAND MANAGEMENT, LLC, a California Limited Liability Company, FIREFLY CONSUMER PRODUCTS, INC., a California Corporation, CYNTHIA MODDERS, an individual,; GRASSROOTS CLOTHING, LLC d/b/a GRASSROOTS CALIFORNIA, a Colorado Limited Liability Company, FREEZE, a division of CENTRAL MILLS, INC., and GREEN CURES & BOTANICAL DISTRIBUTION, INC., Defendants.Plaintiffs Experience Hendrix, L.L.C., a Washington Limited Liability Company, and Authentic Hendrix, LLC, a Washington Limited Liability Company ("Plaintiffs"), having filed a Complaint on March 16, 2017, an Amended Complaint on April 26, 2017, a Second Amended Complaint on May 31, 2017, and a Third Amended Complaint on April 25, 2018; and.WHEREAS, on November 20, 2019, the Clerk of Court issued a Certificate of Default regarding Defendant Green Cures & Botanical Distribution, Inc. ("GRCU") (Dkt.
In addition, the Court should conclude that there is similarity in meaning between AUTHENTIC and ARTWORK. 416);WHEREAS, on February 3, 2020 Plaintiffs served and filed their Proposed Findings of Fact and Conclusions of Law in connection with their damages and other monetary relief, in accordance with the Court's Scheduling Order dated January 13, 2020 (Dkt. Wilson Decl., Ex.