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Survivor Show Survives Survivor Band
Highest Court N.D. Illinois
Year Ended 2002
Plaintiffs Band Member(s)
Defendants CBS, Inc.
Television Producer(s)
TVT Records
Other Survivor
Short Description Frankie Sullivan, the one constant member of the 1980s band Survivor, brought suit against CBS and the producers of the TV show "Survivor" for trademark dilution. Sullivan and another member, Jim Peterik (a veteran of multiple bands including The Ides of March), registered the trademark in 1994. While not releasing music, the band continued to tour and sell merchandise. In 2000, the TV premiered, and released CDs of the show's music emblazoned with the title "Survivor." Unfortunately for Sullivan, surveys showed that less than 2% of people thought of his band when shown the TV show's CDs. In applying a seven-factor test, the court decided that the TV Survivor had "outwitted, outlasted, and outplayed" Sullivan. - JMC

Legal Issues
Trademarks & Unfair Competition Federal (Lanham Act) Trademark Infringement
  Federal (Trademark Dilution Act) Trademark Dilution
  State Statute/Common Law Unfair & Deceptive Trade Practices


Opinions Sullivan v. CBS Corp.
2002 WL 554506
N.D. Illinois , April 15, 2002 ( No. 00 C 5060 )


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Related Searches Parties
Band Member(s) ( Plaintiff )
CBS, Inc. ( Defendant )
Survivor ( Other )
Television Producer(s) ( Defendant )
TVT Records ( Defendant )

Legal Issues
Trademarks & Unfair Competition / Federal (Lanham Act) / Trademark Infringement
Trademarks & Unfair Competition / Federal (Trademark Dilution Act) / Trademark Dilution
Trademarks & Unfair Competition / State Statute/Common Law / Unfair & Deceptive Trade Practices

Courts
N.D. Illinois (highest court)


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