According to billboard.com, Earth, Wind & Fire has won their trademark lawsuit against a tribute act that used the group’s name without permission, with a federal judge ruling that the evidence pointed “overwhelmingly” in the band’s favor. Earlier today, a Miami federal judge ruled that the tribute group infringed Earth, Wind & Fire’s intellectual property rights by calling themselves “Earth, Wind & Fire Legacy Reunion.” The judge called the band’s marketing “deceptive and misleading.”
The judge also cited angry social media posts and emails from fans who attended the “Reunion” shows because they thought it was the original band, which proved to be the kind of “actual confusion” that is crucial evidence in a trademark lawsuit.
“It is not a far cry to think that an average consumer looking for an Earth, Wind & Fire concert would believe that they could acquire that experience from either plaintiff or defendants.” said Judge Federico A. Moreno.
Earth, Wind & Fire has continued to tour since founder Maurice White died in 2016, led by longtime members Philip Bailey, Ralph Johnson and White’s brother, Verdine White. The band operates under a license from an entity called Earth Wind & Fire IP, which is a holding company controlled by Maurice White’s sons that formally owns the rights to the name.
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