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"Velvet Elvis" Infringe Real Elvis?
Highest Court Fifth Circuit
Year Ended 1998
Plaintiffs Elvis Presley Enterprises
Defendants Individual(s)
Place of Public Accomodation
Other Presley, Elvis
Short Description Elvis Presley Enterprises (EPE), the assignee of Elvis Presley's trademarks, service marks, copyrights, and publicity rights, sued Defendant, the owner of a nightclub named the "The Velvet Elvis" for trademark infringement and violation of its publicity rights. The court held that "The Velvet Elvis" mark infringed EPE's marks, the action was not barred by laches, and that EPE was entitled to an injunction enjoining Defendant's use of "The Velvet Elvis" mark. Judgment for Plaintiff. - SKR

Legal Issues
Constitutional Law First Amendment Fair Use, Parody & Artistic Protection
General Equitable Defenses Laches
    Waiver, Estoppel & Acquiescence
  Equitable Remedies Accounting
Trademarks & Unfair Competition Federal (Lanham Act) Registration, Opposition & Cancellation
    Trademark Infringement
    Unfair Competition, False Advertising & Related Torts
  Federal (Trademark Dilution Act) Trademark Dilution
  State Statute/Common Law Right of Publicity
    Trademark Dilution
    Trademark Infringement
    Unfair Competition, False Advertising & Related Torts


Opinions Elvis Presley Enters. v. Capece
141 F.3d 188
Fifth Circuit , May 07, 1998 ( No. 97-20096 )


Elvis Presley Enters. v. Capece
950 F. Supp. 783
S.D. Texas , December 30, 1996 ( No. H-95-1197 )


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Related Searches Parties
Elvis Presley Enterprises ( Plaintiff )
Individual(s) ( Defendant )
Place of Public Accomodation ( Defendant )
Presley, Elvis ( Other )

Legal Issues
Constitutional Law / First Amendment / Fair Use, Parody & Artistic Protection
General / Equitable Defenses / Laches
General / Equitable Defenses / Waiver, Estoppel & Acquiescence
General / Equitable Remedies / Accounting
Trademarks & Unfair Competition / Federal (Lanham Act) / Registration, Opposition & Cancellation
Trademarks & Unfair Competition / Federal (Lanham Act) / Trademark Infringement
Trademarks & Unfair Competition / Federal (Lanham Act) / Unfair Competition, False Advertising & Related Torts
Trademarks & Unfair Competition / Federal (Trademark Dilution Act) / Trademark Dilution
Trademarks & Unfair Competition / State Statute/Common Law / Right of Publicity
Trademarks & Unfair Competition / State Statute/Common Law / Trademark Dilution
Trademarks & Unfair Competition / State Statute/Common Law / Trademark Infringement
Trademarks & Unfair Competition / State Statute/Common Law / Unfair Competition, False Advertising & Related Torts

Courts
Fifth Circuit (highest court)
S.D. Texas


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