Wednesday, November 14, 2012

Permanent Injuction Granted In KISS Lawsuit


The United States District Court in Detroit, on November 6, 2012, granted a Permanent Injunction in Kiss Catalog v Scallatino, et al permanently enjoining the sale of a book entitled “Vintage KISS Photos” and ordered defendants to permanently cease from using the name KISS or any of Plaintiff’s marks, including the registered face paint used by “KISS.” The Federal Court also enjoined anyone from publishing a book which includes a collection of the copyrighted photographs or utilizes the face paint or other registered trademarks of “KISS.”

“This is an important decision, not only for ‘KISS,’ but also for the entertainment industry,” said William Randolph, the General Counsel for Kiss Catalog in New York. “Of course, the rock group ‘KISS’ has the advantage that the ‘KISS’ Logo and facepaint used by the group are registered trademarks in the US and around the world. But the precedent also applies to all entertainers. Previously, we obtained a permanent injunction and substantial damages against the sale of bootleg videos taken without permission at “KISS” concerts,” said Mr. Randolph. “We would also like to thank our counsel, Howard and Howard in Michigan, including Raymond Scott and Greg DeGrazia, for their legal work in these matters.”  

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