Commodores Trademark Ban Muddled by New Case Law, 11th Cir. Says

Sept. 1, 2023, 7:25 PM UTC

A trademark ban and attorneys fees won by soul band the Commodores in a nine-year dispute with an ex-band member was thrown into flux by a June US Supreme Court ruling, the Eleventh Circuit said.

The high court’s decision reining in the extraterritorial reach of the Lanham Act called into question the scope of an injunction against guitarist Thomas McClary using the Commodores name, the US Court of Appeals for the Eleventh Circuit said Friday. The case law change also may affect a court’s finding that McClary used unreasonable litigation tactics, the court said as it remanded the case.

The ...

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