NEW YORK (Hollywood Reporter) - Hollywood variety trade newspaper lost in his attempt to bring an action of marks in Delaware against the punk group the Vandals.
The case will now go to a Federal Court in California, since the Vandals bassist and lawyer Joe Escalante, who represents the band in pursuit, is based in Los Angeles.
First, General information on the case:
In 2004, the Vandals released their tenth album, "Hollywood potato chip", which was the name of the Group of letters on the cover quite similar to the trademark logo of variety.
Reed Elsevier, the parent company of variety, sent a cease and desist letter and has worked on a settlement with the band, who agreed to change the cover art. The agreement stipulated that the members of the band would have to pay $50,000 and more lawyers if the group never returned.
Last year, Reed sued the band for breach of contract, claiming that the offending image arose on the Web site for the Group and its label Kung Fu Records. The band argued that it was not behind the violations.
Defend the question for the Vandals was Escalante himself, an alum of Loyola Law School, who worked in the Affairs of the company to CBS before pursuing music. It also hosts a radio called "barely legal Radio," show which covers legal issues of entertainment. Escalante first task was to obtain the transferred cases from Delaware to the more convenient jurisdiction in Los Angeles. Variety objected to this attempt, claiming that the original agreement contained a clause designating Delaware as the forum to discuss disputes arising from the agreement.
First round goes Escalante.
The judge exercises his discretion, concludes that "the interests of justice majority for this case to proceed in the Central District of California" since the great majority of the documents and witnesses are based there.
On the Web site of the Escalante vandals is chirp on the victory, and since the case will now proceed in California, the band is likely to produce a prosecution that would seek to recover legal fees for a restriction of freedom of expression.
"Applicants should have shameful, and it is the opinion of the Vandals (counsel of variety) are responsible for damages against malpractice by ruining the reputation of their customers in a futile attempt to act as Godzilla when it comes to the accumulation of their precious police and inhibit protects freedom of expression" said the site of the group.
Variety lawyer Henry Horbaczewski did no comment on the development. (The variety is a competitor of The Hollywood Reporter).
If the comments of the group are not enough fire abeam of the bow, he also prepared a video expletives on the dispute, featuring a false conversation between former variety editor Peter Bart and his lawyer. In the video, Bart questions why the publication passes $ 100,000 in legal fees to win $ 50,000 claim at a time where the publication decreases the size.
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