Romye Robinson et al v. Delicious Vinyl Records Inc et al
Filing
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PRELIMINARY INJUNCTION by Judge Christina A. Snyder: The Court ORDERS that DELICIOUS VINYL, INC., TREVANT HARDSON, and DERRICK STEWART ARE HEREBY RESTRAINED AND ENJOINED from using the PHARCYDE common law trademark and service mark of Plaintiffs herein, or any derivative, or materially confusingly similar words or phrases thereof, etc. The Preliminary Injunction is effective on Plaintiffs' filing an undertaking in the sum of $50,000.00. See document for details. (gk)
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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11 ROMYE ROBINSON, an individual;
and IMANI WILCOX, an individual,
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Plaintiff,
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v.
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DELICIOUS VINYL RECORDS,
15 LLC, a California limited liability
company; TREVANT HARDSON, an
16 individual; DERRICK STEWART, an
individual; and DOES 1–50,
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Defendants.
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Case No.: 2:13-CV-04111-CAS-PLA
PRELIMINARY INJUNCTION
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TO Defendants DELICIOUS VINYL, INC., TREVANT HARDSON, and
DERRICK STEWART:
Having considered the briefs and argument of counsel before this Court on
July 22, 2013, at 10:00 a.m., the Court ORDERS:
DELICIOUS VINYL, INC., TREVANT HARDSON, and DERRICK
STEWART ARE HEREBY RESTRAINED AND ENJOINED from using the
PHARCYDE common law trademark and service mark of Plaintiffs herein (the
“Pharcyde Marks”), or any derivative, or materially confusingly similar words or
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PRELIMINARY INJUNCTION
1 phrases thereof, as well as the names, visual images, photos, likenesses, voices,
2 identities, or celebrity identities, of either or both Plaintiffs herein (the “Publicity
3 Rights”) as follows:
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1.
DELICIOUS VINYL, INC., its agents, employees, affiliates, and
5 assigns, including without limitation, its promoters, booking agents, and
6 performance venues (“DV”), shall not use the Pharcyde Marks or the Publicity
7 Rights in connection with the sale of tickets to, or advertising or promotion of, live
8 musical performances except as expressly set forth herein.
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2.
TREVANT HARDSON and DERRICK STEWART, individually, or
10 collectively, their agents, employees, related entities, and assigns, including without
11 limitation, promoters, booking agents, and performance venues (“HARDSON and
12 STEWART”), shall not use the Pharcyde Marks or the Publicity Rights, for any
13 purpose, except as expressly set forth herein.
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3.
DV shall inform all third parties, including promoters, booking agents
15 and performance venues with whom it contracts for the promotion, booking and
16 venues in connection with such performances that it is bound by the terms of this
17 injunction. If DV is made aware of a use of the Pharcyde Marks that violates this
18 injunction then DV will, no later than 48 hours of said notice, instruct said third
19 parties to immediately cease and desist from said conduct. If, after giving such a
20 cease and desist instruction, DV knows or has reason to know that said third parties
21 continue to advertise a performance in violation of this injunction, DV, HARDSON
22 and/or STEWART shall not proceed with the performance.
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4.
DV may use the Pharcyde Marks and prior approved Publicity Rights
24 in connection with the sales, advertising, or promotion of any musical recordings
25 recorded for DV or any of its affiliates, pursuant to any valid recording agreement
26 between Plaintiffs and DV or any of its affiliates. Such sales, advertising, and
27 promotion of musical recordings shall not include the live performance of music,
28 except as expressly set forth herein.
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PRELIMINARY INJUNCTION
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5.
Prior to and including November 23, 2013, DV may use the Pharcyde
2 marks and its own copyrighted artwork featured in Bizarre Ride II the Pharcyde (the
3 “Album Art”) in connection with the live performance of music by HARDSON and
4 STEWART to promote the 20th anniversary release of the album Bizarre Ride II the
5 Pharcyde (which was released on November 24, 1992). Use of the Pharcyde marks
6 is limited to describing that a live performance is to feature songs from the Bizarre
7 Ride II the Pharcyde album. Such advertisements and promotional materials shall
8 make clear that such shows are not being performed by the Pharcyde. Any use of
9 the Pharcyde marks in a deceptive or confusing manner shall constitute a violation
10 of this Preliminary Injunction.
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6.
After November 23, 2013, DV shall not use the Pharcyde Marks or the
12 Album Art in connection with the live performance of music, and/or the promotion
13 or advertisement thereof.
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7.
HARDSON and STEWART may publically assert that they are former
15 members of the Pharcyde (e.g., “formerly of”), and to that extent, they may use the
16 name Pharcyde in making that assertion, provided that such disclosure is clearly
17 stated, as a description of HARDSON and STEWART’s former affiliation with the
18 Pharcyde. Any use of the Pharcyde marks in a materially deceptive, confusing, or
19 other manner, that suggests any other connection between the Pharcyde and
20 HARDSON and STEWART and/or any performance by HARDSON and/or
21 STEWART shall constitute a violation of this Preliminary Injunction.
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The above Preliminary Injunction is effective on Plaintiffs’ filing an
23 undertaking in the sum of $50,000.00.
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IT IS SO ORDERED.
25 Date: August 1, 2013
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Hon. Christina A. Snyder
United States District Court Judge
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PRELIMINARY INJUNCTION
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