Hendrix Clan Settles Trademark Lawsuit; Plaintiffs Get Injunction and $3.2 Million
Does this mean the parties have made nice?
Probably not, but on Feb. 12, the Western District entered a stipulated Supplemental Judgment and Permanent Injunction ending the Hendrix family’s trademark dispute in Experience Hendrix, LLC, v. Electric Hendrix, LLC. Judge Thomas Zilly entered the order pursuant to the parties’ settlement and voluntary dismissal of Electric Hendrix’s Ninth Circuit appeal.
The settlement appears to give Janie Hendrix (the adopted daughter of Jimi’s Hendrix’s father) and the Hendrix family’s licensing company a total victory over the upstart vodka company owned in part by Leon Hendrix, Jimi’s brother.
STL’s discussed this case a lot, as it’s been one of the more exciting trademark fights around these parts in a while. (See posts on case highlights from March 7, 2007, Aug. 9, 2008, and September 9, 2008.)
In the end, the Electric Hendrix defendants agreed to judgment in favor of the Experience Hendrix plaintiffs, jointly and severally, in the amount of $3,200,000.
The Electric Hendrix defendants also agreed to be permanently enjoined from using, advertising, registering, applying to register, or challenging the validity of plaintiffs’ trademarks, including HENDRIX, AUTHENTIC HENDRIX, EXPERIENCE HENDRIX, and JIMI HENDRIX. The order also permanently enjoins the defendants from making any use of marks that are confusingly similar to the plaintiffs’ marks, and from selling any product that purports to have any connection with Jimi Hendrix, the plaintiffs, or the Hendrix family.
The parties apparently inked their settlement agreement in mediation on Dec. 29, 2008, before the Ninth Circuit decided Electric Hendrix’s appeal.
The case cite is Experience Hendrix, LLC v. Electric Hendrix, LLC, No. 07-338 (W.D. Wash.).
Michael Atkins
Seattle Times article on the case today. Wonder where it heard about the settlement?! No matter, I’ve got nothing but love for the local press — at least when it’s reporting on trademark issues.
Michael Atkins
in Seattle Updates, Trademark Infringement
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Reader Comments (1)
The Ninth Circuit Court has also ruled in the past that Experience Hendrix LLC does not own the rights to Jimi Hendrix's likeness, as his legal residence when he died was New York City, and therefore New York State law takes precendence.
New York State law specifically makes clear that the rights to one's likeness die when the person dies.
But regardless of the law, Janie Hendrix is going to do everything in her power to destroy Leon Hendrix. And it is highly likely that extortion is involved in this case, as due to the above ruling, there is no way Experience Hendrix could have easily emerged victorious had this gone to trial.
It is most unfortunate that the only living sibling of Jimi Hendrix has seen his rights completely trampled by someone who is not even a blood relative of the family.
But then, life is full of criminals who succeed, while the law-abiding citizens lose out.