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Hendrix Company Demands Payment
Highest Court S.D. New York
Year Ended 2006
Plaintiffs Experience Hendrix
Defendants Auctioneer(s)
Chalpin, Ed
PPX Enterprises
Other Hendrix, Jimi
Short Description PPX Enterprises, run by Ed Chalpin (a common figure in Hendrix-family litigation), was the owner of copyrights in 33 Hendrix compositions and sought to sell them at an upcoming auction. The relationship with Chalpin dates back to the mid-1960s, when Hendrix signed with Chalpin's PPX record label. When Hendrix switched to another label, Chalpin was given rights to numerous Hendrix recordings by a settlement in 1968 (see "Jimi's Record Label Sues Capitol"). In the early 1970s, PPX and Chalpin were sued by Hendrix's Estate in England for royalties owed from these songs, which was found in the estate's favor. Plaintiffs had difficulty collecting this amount, and a new judgment was entered in England in the early 2000s. When the Hendrixes sought to enforce the judgment domestically, Defendant was found liable for nearly $1 million to Plaintiffs, but Defendant conveyed the copyrights to a third party company (also controlled by Chalpin) for a single dollar, which put the songs up for auction. The estate sought a temporary restraining order, preliminary injunction, and an order of attachment to proceeds, hoping to prevent sale of the copyrighted compositions by the new Chalpin company at the upcoming auction. While the court granted a limited restraining order, it also ordered the auctioneer to pay Plaintiff the amount owed from the upcoming auction. The court found Defendants' transfer was fraudulent and found Defendants were, once again, evading payment. Since Plaintiff's success was likely and irreparable harm was imminent, the court converted the restraining order into preliminary injunction and ordered an attachment of the money obtained via the auction in an amount equal to the outstanding judgment which Plaintiff was already owed. - LSW

Legal Issues
Business Associations Corporations Director & Shareholder Liability
Civil Procedure Evidence Production
  Interlocutory Orders Preliminary Injunction
    Temporary Restraining Order
Conflicts of Law Recognition & Enforcement of Judgments Foreign Judgments & Comity
Contracts Breach Payment & Performance
Property Intangible Property Security Interests, Garnishment & Levies
Torts Economic Torts Fraud, Misrepresentation & Inducement


Opinions Experience Hendrix, LLC v. Chalpin
2007 WL 541620
S.D. New York , February 15, 2007 ( No. 06 Civ. 9926(LAK) )


Experience Hendrix, LLC v. Chalpin
461 F. Supp. 2d 165
S.D. New York , November 06, 2006 ( No. 06 Civ.9926(LAK) )


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Related Searches Parties
Auctioneer(s) ( Defendant )
Chalpin, Ed ( Defendant )
Experience Hendrix ( Plaintiff )
Hendrix, Jimi ( Other )
PPX Enterprises ( Defendant )

Legal Issues
Business Associations / Corporations / Director & Shareholder Liability
Civil Procedure / Evidence / Production
Civil Procedure / Interlocutory Orders / Preliminary Injunction
Civil Procedure / Interlocutory Orders / Temporary Restraining Order
Conflicts of Law / Recognition & Enforcement of Judgments / Foreign Judgments & Comity
Contracts / Breach / Payment & Performance
Property / Intangible Property / Security Interests, Garnishment & Levies
Torts / Economic Torts / Fraud, Misrepresentation & Inducement

Courts
S.D. New York (highest court)


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