Seattle Trademark Lawyer

On June 5, the Ninth Circuit heard the appeal filed by Experience Hendrix, LLC, and Authentic Hendrix, LLC, over who controls deceased rock musician Jimi Hendrix’s publicity rights, The Seattle Times reported today. The principal order on appeal is whether Western District of Washington Judge Thomas Zilly erred in 2005 when he found that the issue should be decided under New York law. Judge Zilly found that at the time of Mr. Hendrix’s death in 1970, New York had a limited right of publicity and did not recognize claims made by celebrities’ heirs based on that right. Therefore, he found the sole heir to the Hendrix Estate had no publicity right to assign to the plaintiffs in the case.

STL discussed the order here, and a recent lawsuit over the use of Mr. Hendrix’s name and likeness used in connection with a new line of vodka here. STL will report back when the Ninth Circuit renders its decision. 

The district court cite is Experience Hendrix LLC v. The James Marshall Hendrix Foundation, No. 03-3462 (W.D. Wash.). On appeal, the case is No. 05-36029 (9th Cir.).

STL updated this post on June 8 at 7:21 a.m. to correct an error.