This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Intellectual Property
Trademark Infringement
Copyright

Gene Autry Music Company dba The Autry Qualified Interest, Gene Autry’s Western Music Publishing Co. v. Passport International Entertainment, LLC, Nina’s Discount Oldies

Published: Jun. 12, 2010 | Result Date: May 4, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 2:07-cv-05510-GAF-VBK Settlement –  $17,000

Court

USDC Central


Attorneys

Plaintiff

Vincent Chieffo

Lori Chang
(Greenberg Traurig LLP)


Defendant

Michael R. Blaha
(Law Offices of Michael R. Blaha)


Facts

Defendant Passport International Entertainment LLC (PIE) manufactured and distributed "The Gene Autry 100th Anniversary Collection," which included a five disc DVD set featuring 11 films starring Autry. PIE sold 2,377 united between March and December, 2007, resulting in $22,024 in revenue. Defendant Nina's Discount Oldies (NDO) offered the DVD set through its online store and earned $169 in revenue in August, 2007. Plaintiffs Gene Autry Music Co. and Gene Autry's Western Music Publishing Co. sued PIE and NDO for copyright infringement.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed they had the original copyright for 11 of the musical compositions featured in the films. Plaintiffs contended that PIE and NDO did not obtain permission for use of the songs, nor did they even inquire into the possibility the songs were copyrighted.

DEFENDANTS' CONTENTIONS:
PIE claimed the songs were in the public domain.

Damages

Plaintiffs sought unspecified damages and lost profits.

Result

The parties settled for $17,000.


#94292

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390