Facts

Plaintiff Shakey's Restaurants Franchising Company, LLC filed a complaint against Defendants Applebee's International, Inc. and Foote, Cone & Belding seeking injunctive relief and damages in excess of $20 million claiming copyright infringement, false designation of origin under the Lanham Act and state and common law unfair competition. Plaintiff claimed that defendants infringed its exclusive rights to the musical composition "Whole Lotta Shakin' Goin' On" by using a version of the song with lyrics "Whole Lotta Steak Is Goin' On" in California to advertise and promote Applebee's restaurants.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that on December 19, 2001 it entered into a license agreement with the copyright owner of the song "Whole Lotta Shakin' Goin' On" and was granted the exclusive right to use the song in connection with restaurant activities in California. Plaintiff contended that it used a parody of this song with the lyrics "Whole Lotta Shakey's Goin' On" pursuant to that license agreement beginning in January 2002. Plaintiff further contended that defendants used a version of the song of the song in 2004 without plaintiff's authorization resulting in plaintiff seeking damages in excess of $20 million.

DEFENDANTS' CONTENTIONS:
The defendants contended that plaintiff lacked standing because it was not the owner of any exclusive right to the song "Whole Lotta Shakin' Goin' On." The defendant further contended that even if plaintiff did have standing, defendants had a valid license with the copyright owner to use the song and that defendants' license was the prevailing license under Section 205 of the Copyright Act.

Settlement Discussions

There were no settlement discussions.

Result

Summary Judgment in favor of defendants finding that plaintiff lacked standing to maintain its Copyright, Lanham Act and State and common law unfair competition claims. Plaintiff's Motion for Reconsideration was denied on April 18, 2006.