Judge to Earth, Wind & Fire tribute band: Let’s groove
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An Earth, Wind & Fire tribute band wants the real band to remember all the times it has supposedly allowed other such bands to use its name and music, and a federal judge on Wednesday said the dupe band should have its day in court to prove so.
Sued by the holding company that owns the name and rights of the legendary R&B group, the tribute band “Earth Wind & Fire Legacy Reunion” is accused of trademark infringement for using the name to promote shows, arguably aiming to confuse fans, according to Billboard magazine.
The tribute band’s counterargument was that the real group, which continues to tour, abandoned the intellectual property rights to its name because it had allowed plenty of other tribute bands to use its name without repercussion — so many, in fact, that it could no longer claim any exclusive legal rights to it, according to the magazine.
Lawyers for the Earth, Wind & Fire holding company have called that argument meritless and demanded that it be dismissed. A federal judge refused to do so, stating that the “Legacy Reunion” band might ultimately find it “difficult” to prove that “abandonment” argument, according to the magazine.
