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Intruders Intruding on Intruders
Highest Court S.D. New York
Year Ended 2010
Plaintiffs Band Member(s)
Defendants Band Member(s)
Business Entity of Artist(s)
Other Intruders
Short Description This is a classic type of case, in which an old R&B band, here The Intruders (the foundation for the "Sound of Philadelphia"), split off into multiple touring units, each managed by a former prominent member of the band. Plaintiff claimed to have been transferred ownership of the name, and sued Defendants for various counts, including trademark infringement, unfair competition, and interference with performance contracts, the latter arising from Defendant calling clubs and advising them that Plaintiff was not the "real" Intruders. Over several opinions, the court found that neither faction had received title to the name from the name's original owner, but that Defendants had a license, which they could enforce against Plaintiff. To determine this, the court followed the "chain of title" to the band's name. - [This entry is not yet complete or has not been edited/checked.]

Legal Issues
Civil Procedure Third Party Claims Intervention
Conflicts of Law Jurisdiction & Forum Venue
Property General Ownership, Possession & Tenancy
Torts Economic Torts Interference with Contract, Business, Interests & Expectancy
Trademarks & Unfair Competition Federal (Lanham Act) Ownership
    Registration, Opposition & Cancellation
    Trademark Infringement
    Unfair Competition, False Advertising & Related Torts


Opinions Mears v. Montgomery
2011 WL 1143008
S.D. New York , March 17, 2011 ( No. 02 Civ. 407(MHD) )


Mears v. Montgomery
2010 WL 1541375
S.D. New York , April 07, 2010 ( No. 02 Civ. 407(MHD) )


Mears v. Montgomery
2006 WL 1084347
S.D. New York , April 24, 2006 ( No. 02 Civ. 407(MHD) )


Mears v. Montgomery
2004 WL 2813108
S.D. New York , December 07, 2004 ( No. 02 Civ. 407(MHD) )


Mears v. Montgomery
2004 WL 964093
S.D. New York , May 05, 2004 ( No. 02 Civ. 0407BSJMHD )


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Related Searches Parties
Band Member(s) ( Plaintiff )
Band Member(s) ( Defendant )
Business Entity of Artist(s) ( Defendant )
Intruders ( Other )

Legal Issues
Civil Procedure / Third Party Claims / Intervention
Conflicts of Law / Jurisdiction & Forum / Venue
Property / General / Ownership, Possession & Tenancy
Torts / Economic Torts / Interference with Contract, Business, Interests & Expectancy
Trademarks & Unfair Competition / Federal (Lanham Act) / Ownership
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

Courts
S.D. New York (highest court)


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