9th Circuit Rules On Bob Marley False Endorsement Case

The estate of legendary singer Bob Marley formed a company, after his death, with the intent to license his image for apparel and other merchandise. The estate issued a license for a company to have the exclusive right to use Marley’s image. However, another company began producing merchandize with the image as well which triggered a lawsuit from the Marley estate. After a jury trial, damages were awarded to the estate as well as extensive attorney fees with the case being immediately appealed.

In Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., the 9th Circuit Court of Appeals upheld the jury decision finding that the award was supported by the evidence and could not be overturned. However, it was noted by several justices that there were many meritorious defenses raised but, as they were raised for the first time on appeal, were barred from consideration. As a result, this decision does not appear to fully settle the future of using the image of deceased celebrity after death.

See Jennifer Insley-Pruitt, United States: Ninth Circuit Court Of Appeals: Use Of Deceased Celebrity’s Image On T-Shirts Constitutes False Endorsement Under Lanham Act, Mondaq, June 10, 2015.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.