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Legendary Soul Man Lawsuit
Highest Court M.D. Tennessee
Year Ended 2011
Plaintiffs Family of Artist(s)
Moore, Sam
Trust of Artist(s)
Defendants Concord Music Group
Dimension Films
MGM, Inc.
Other No Other parties on file
Short Description "The Legendary Soul Man Sam Moore," half of the singing duo Sam & Dave, along with his wife and irrevocable trust, which is the beneficiary of his trademarks and other rights, sued Defendant film companies for the production and release of a film called "Soul Men," about a soul-singing duo, which Plaintiff alleged was based on Sam & Dave, who were called "Soul Men" as a result of their well-known hit song, "Soul Man." Defendants' film was released on DVD around the same time as a retrospective of Sam & Dave called "The Original Soul Men Sam & Dave." Moore filed a lengthy complaint, alleging various causes of action relating to publicity and trademarks/unfair competition, arguing Defendants' was passing its film off as a film about Sam & Dave, and that Defendants' were trading on the duo's publicity and likeness. Additionally, Moore sued the music company that owned the music used in the film, alleging their licensing of songs to Defendant for use in the film constituted an act indicating a civil conspiracy. On Defendants' motion to dismiss the passing off and publicity claims, the court applied the "expressive works" doctrine, which holds that, when the subject of a suit involves Defendant's expressive works, trademark-oriented claims are subject to heightened scrutiny. In this case, the doctrine was overcome on a motion to dismiss, because Plaintiffs' and Defendants' products were in direct competition. The court allowed Moore to amend his complaint without leave to specify Concord Music's involvement in the alleged conspiracy . These issues are better left to summary judgment than a motion to dismiss. In an unrelated opinion, the court compelled Plaintiffs to affirm or deny some of Defendants' requests for admission, despite Defendants putting forth over 500 individual requests. - LSW

Legal Issues
Civil Procedure Evidence Discovery
Consumer Protection State Statute/Common Law General
General Equitable Actions Unjust Enrichment
Torts Economic Torts Civil Conspiracy
  Privacy Torts False Light
Trademarks & Unfair Competition Federal (Lanham Act) Unfair Competition, False Advertising & Related Torts
  Federal (Trademark Dilution Act) Trademark Dilution
  State Statute/Common Law Right of Publicity
    Unfair Competition, False Advertising & Related Torts


Opinions Moore v. Weinstein Co. LLC
2011 WL 441369
M.D. Tennessee , February 08, 2011 ( No. 3:09-0166 )


Moore v. Weinstein Co. LLC
2011 WL 780617
M.D. Tennessee , February 28, 2011 ( No. 3:09-0166 )


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Related Searches Parties
Concord Music Group ( Defendant )
Dimension Films ( Defendant )
Family of Artist(s) ( Plaintiff )
MGM, Inc. ( Defendant )
Moore, Sam ( Plaintiff )
Trust of Artist(s) ( Plaintiff )

Legal Issues
Civil Procedure / Evidence / Discovery
Consumer Protection / State Statute/Common Law / General
General / Equitable Actions / Unjust Enrichment
Torts / Economic Torts / Civil Conspiracy
Torts / Privacy Torts / False Light
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 / Unfair Competition, False Advertising & Related Torts

Courts
M.D. Tennessee (highest court)


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