Posted on May 18, 2019

M2TECHNOLOGY Marc the Mixer DJ Services

Trade Mark and Copyright are two separate and distinct forms of protection finds Arizona Federal Court Judge. By Mark Mann M2TECHNOLOGY May 18, 2019 As recently decided by the Ninth Circuit.
The Plaintiff Slep-Tone Entertainment Corporation (Sound-Choice ®) produced karaoke tracks on CD, or "CD-G" as it is known in the business, which accompanies karaoke music with graphics, lyrics, and singing cues. The Defendant Wired for Sound Karaoke and DJ Services, LLC, operated a karaoke business in the Phoenix area using Plaintiff's CD-G tracks.
Plaintiff sued the defendant when it discovered the defendant had media-shifted, or "ripped," the CD-G tracks to computer hard drives. Plaintiff alleged the unauthorized use violated the Lanham Act's provisions against trademark infringement and unfair competition, claiming that consumers would be confused about the origin of the recordings.
The trial court dismissed the complaint, saying that the plaintiff was trying to "stuff copyright claims into a trademark container." The appeals court agreed, explaining that the common question in trademark and unfair competition is whether there is a 'likelihood of confusion" about the protected good.
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