A federal judge ruled that an Earth, Wind & Fire tribute show was not properly distinguishable from the real band.
The real Earth, Wind & Fire have won a copyright infringement lawsuit against the company behind an Earth, Wind & Fire tribute show that became known through marketing ” deceptive and deceptive “.
The funk legends filed a lawsuit last year against Substantial Music Group and Stellar Communications, which oversaw the group Earth, Wind & Fire Legacy Reunion. While tribute bands have some leeway when it comes to self-promotion in relation to the band they are paying homage to, they cannot suggest an actual affiliation with the original band if it there is none.
The real band Earth, Wind & Fire (which continues touring after the death of founder Maurice White in 2016) has accused Earth, Wind & Fire Legacy Reunion of crossing that line. They say Legacy Reunion misled fans into thinking they were seeing the real group with marketing materials that improperly used the “Phoenix” logo and even photos of the real members.
In a ruling issued Monday, March 4, a federal judge in Florida agreed with this view, stating that Legacy Reunion ads “ establish a close and unmistakable association with Earth, Wind & Fire to a degree not justified by the historical record “. Although Legacy Reunion included some former band members and sidemen, the ruling said there was not enough evidence to clearly establish that the ” main (or best known) members » of the group were not involved.
The initial lawsuit also included numerous complaints from fans on social media after they accidentally attended a Legacy Reunion show, thinking they had paid for the real show. In his ruling, Judge Federico A. Moreno cited these complaints when determining that Legacy Reunion caused a “ real confusion » among the fans.
Monday’s ruling means a jury trial will follow to determine the amount of damages Substantial Music Group and Stellar Communications must pay to Earth, Wind & Fire. The trial is expected to begin in May.
