On May 20, 2024, Florida Federal Judge Federico A. Moreno ordered a concert producer and promoter to pay $750,000, along with post-judgment interest, to the entity that owns the rights to engage in live performances on behalf of Earth, Wind & Fire. Earth, Wind & Fire, the legendary R&B/Pop group of the 70s & 80s, won a summary judgment ruling in March 2024 that held the defendants infringed on the group’s trademarks by organizing concerts featuring the band’s name and music.
Earth Wind & Fire IP initially filed the lawsuit based on the belief that defendants were trying to sell tickets that misled the public into thinking the real Earth Wind & Fire would be performing. Earth Wind & Fire IP, which holds the trademarks for the group, is made up of the three remaining original members of Earth Wind & Fire. Family members of the founding musicians and other side musicians continue to tour under licenses from Earth Wind & Fire IP.
Starting in 2019, defendants hired some entertainers who had previously performed with Earth Wind & Fire as side musicians to perform the band’s hit songs at venues. Defendants originally named their shows “Earth Wind & Fire Legacy Reunion.” When plaintiffs learned of this and issued a cease and desist letter, defendants response was to change the name to “Legacy Reunion of Earth Wind & Fire Alumni.” Defendants argued that their use of the band name and marks counted as fair use. However, Judge Moreno disagreed, stating that defendants need to show that they do “nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.” Judge Moreno further noted that defendants operating under “Legacy Reunion of Earth, Wind & Fire Alumni” does not clearly warn or limit who is actually performing. Additionally, defendants used Earth, Wind & Fire’s distinctive trademarks and logos in their advertising, which misled customers and allowed them to sell more tickets, at a higher price, than they otherwise would have been able to.
Judge Moreno held that he intended to issue a permanent injunction against Substantial Music and Steller in a subsequent order.
Earth Wind & Fire IP LLP is represented by Mark S. Lee and David Ira Greenbaum of Rimon PC.
Substantial Music and Stellar are represented by David Kenneth Friedland and Jaime Rich Vining of Friedland Vining PA.
The case is Earth Wind & Fire IP LLC v. Substantial Music Group LLC et al., case number 1:23-cv-20884, in the U.S. District Court for the Southern District of Florida.
* Lowe & Associates (“The Firm”) is a boutique entertainment and business law firm located in Beverly Hills, California. The firm has extensive experience handling cases involving copyright law, having provided top-quality legal services to its clients since 1991. The Firm is recognized for its many achievements, including successfully litigating many high-profile cases.
