KVSP Earth, Wind & Fire win trademark lawsuit against Earth, Wind & Fire cover band
Written by ABC Audio ALL RIGHTS RESERVED on March 4, 2024
Earth, Wind & Fire has won a lawsuit they brought against a cover band that they claimed was infringing on their trademark.
Back in March 2023, Earth, Wind & Fire LLP, the rights holders of the Rock & Roll Hall of Fame group’s trademark, sued Substantial Music Group and Stellar Communications over their Earth, Wind & Fire Legacy Reunion, a tribute band featuring unnamed “former members” of the R&B group.
The real Earth, Wind & Fire argued Legacy Reunion was using the real band’s logos, word mark and more to mislead consumers into paying more money for their shows.
In a ruling handed down Monday, March 4, in Miami, a judge agreed with Earth, Wind & Fire, ruling Legacy Reunion did indeed infringe on their intellectual property rights, citing online posts by frustrated consumers as proof the public was misled by Legacy Reunion’s advertising.
According to the ruling, Legacy Reunion’s “advertisements draw a close, unmistakable association with Earth, Wind & Fire to a degree unwarranted by the historical record,” noting that even if some members of Legacy Reunion were in Earth Wind & Fire for a time, “the advertisement and marketing were still deceptive and misleading as to whether the main (or most prominently known) members of the band would be performing.”
The judge ruled Legacy Reunion must now stop doing anything that will infringe on the Earth, Wind & Fire trademarks. As for any monetary compensation, that will be decided during a bench trial in May.
In the meantime, the real Earth, Wind & Fire is set tour with Lionel Richie on the Sing A Song All Night Long tour, starting May 23 in Knoxville, Tennessee. They will also tour with Chicago starting July 10 in St. Louis, Missouri. A complete list of dates can be found at earthwindandfire.com.
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