Facts

Musician Don Henley sued clothing retailer Duluth Holdings Inc. dba Duluth Trading Company relating to one of its advertisements.

PLAINTIFF'S CONTENTIONS:
Don Henley, a professional musician and member of the musical group the Eagles, contended that Duluth Holdings distributed an advertisement for its "Henley" style shirts that encouraged customers to "Don a Henley and Take it Easy." Henley contended that he owned the intellectual property rights, including trademark rights and accompanying goodwill, associated with the "Don Henley" mark. He sued Duluth for trademark infringement in violation of the Lanham Act, false endorsement and unfair competition in violation of the Lanham Act, violation of California Business and Professions Code Section 17200, violation of California statutory right of publicity, and violation of common law right of publicity.

Result

Duluth stipulated to a permanent injunction in which it was enjoined from using the name and mark "Don Henley" or any combination of "Don" and "Henley" or otherwise infringing on Henley's rights relating to the mark.