The federal district court in Tampa properly determined that a karaoke disc jockey’s use of unauthorized copies of karaoke tracks displaying Phoenix Entertainment Partners’ SOUND CHOICE mark did not constitute trademark infringement or unfair competition under the Lanham Act, the U.S. Court of Appeals in Atlanta has ruled in an unpublished decision. Adopting the reasoning of the Seventh and the Ninth Circuits in rejecting similar Lanham Act claims brought by Phoenix in other cases against karaoke venues and disc jockeys, the Eleventh Circuit held that Phoenix failed to plausibly allege any consumer confusion (Phoenix Entertainment Partners, LLC v. Casey Road Food and Beverage, LLC, March 13, 2018, per curiam).

Case date: 13 March 2018
Case number: No. 17-13043
Court: United States Court of Appeals, Eleventh Circuit

A full summary of this case has been published on Kluwer IP Law.

 


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Trademark Blog, please subscribe here.


Kluwer IP Law

The 2021 Future Ready Lawyer survey showed that 81% of the law firms expect to view technology as an important investment in their future ability to thrive. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF

Leave a Reply

Your email address will not be published. Required fields are marked *