Aeg Live Sues Concert Bootleggers Before They Bootleg

gldstwmn · #1 08-13-2010, 11:32 AM

http://thresq.hollywoodreporter.com/...in-denver.html

Just because the Mile High Music Festival this weekend in Denver hasn't happened yet, and just because the bootleggers haven't yet set up shop, doesn't mean that hundreds of individuals haven't already been sued.

AEG Live has jumped on a growing legal trend in the concert world by filing a trademark infringement claim against hundreds of John Does and Jane Does. According to AEG's new complaint, "only the plaintiff has the right to sell merchandise bearing the Festival Trademarks at and near the Festival."

AEG is asking a federal court in Colorado to order the US Marshal, local and state police, off duty officers, and AEG agents to seize and impound bootlegged merchandise.

The complaint follows a similar lawsuit filed earlier this summer by UMG's merchandising division, Bravado International Group, in anticipation of a series of concerts by Lady Gaga at New York's Madison Square Garden. That action opened some eyes in the concert industry, showing other outfits how to use the once-rare John Doe trademark lawsuit to get law enforcement involved.

Now, AEG is hoping to replicate Bravado's success. No damage has yet been done. And any follow-up legal action after the concert is doubtful. But of course, one would hardly expect anybody to show up this week in a Colorado court to contest AEG's lawsuit. A supporting brief filed in the case says that defendants do have that opportunity, although AEG submits that "experience shows it is doubtful they will do so."

The brief also says the unnamed defendants "are not neophytes, but rather somewhat sophisticated businessmen who operate in stealth to thwart the legitimate rights of Plaintiff."

Some lawyers defend the action as appropriate. One trademark lawyer pointed out to us that on the criminal side, courts empower police officers with the discretion to execute temporary remedies. And that in this instance, bootleggers are too nomadic to be served summons.

We're less than convinced. The threat of bootleggers is real, of course, but it's based purely on speculation, without evidence of the kind of past specific misconduct that might trigger temporary remedies as seen in criminal proceedings. That seems odd, and perhaps a slippery slope. Why can't any company in America file John Doe trademark action and get police to seize goods they believe will be infringing? What stops this beyond the concert venue?

Nikolaj · #2 08-13-2010, 10:25 PM

^ Thank you for the above, I've been letting it 'sink in' for a day and it's interesting- Buy a ticket to a concert in the worst concert season reported in years, and face being sued!
That's a great way to get attendance up. AEG must not need people to go to their shows. A boycott wouldn't be unheard of, at all, should this article really be exposed. As it is, it's not hidden information. Talk about a public relations nightmare.
Dumbasses

(Hi, GDW!)

estranged4life · #3 08-14-2010, 12:57 AM

According to the Hollywoodreporter.com, Ozzfest organizers are suing bootleggers before they actually bootleg. Live Nation has now joined AEG in filing a lawsuit, this time against several John Does (Wiki definition: used as a placeholder name in a legal action, case or discussion for a male party, whose true identity is unknown or must be withheld for legal reasons) in advance of this weekend's OzzFest, featuring OZZY OSBOURNE, in Devore, CA. The complaint, was filed in U.S. District Court in California on Tuesday.

Nikolaj · #4 08-14-2010, 07:00 PM

Hmmm. No Jane Doe's listed. The time for female bootleggers is now, and they'd probably provide artier covers to the dvds and cds! More value for the bootleg buyers!
Seriously, I see why bootlegs are illegal and don't disagree. But filing suits before the concerts even take place? It's an insult to the majority of attendees who aren't breaking any laws at all, just going to a concert. Maybe class-action countersuits could be filed against AEG and Ozzfest by all good law-abiding folk, for the insinuation that buying a ticket implies they have criminal intent. It'd be as valid of a lawsuit as that of the promoters!

**mylittledemon** · #5 08-15-2010, 04:05 PM

Spielberg should make a sequel to "Minority Report" involving this material.

Macfanforever · #6 08-16-2010, 08:09 PM

Will $100 dollar concerts and $40 dollar tee's,$20 dollar programmes are a joke.If the promoters will bring those highway robbery ticket prices to realality. maybe these bootleggers will run away.

bucklind17 · #7 08-17-2010, 06:44 PM

I wonder how the artists feel about this. I've seen artists on all sides of the spectrum, but one would think that it ultimately should be up to them, seeing as it's their music being infringed upon. I suppose some people do decide not to go see live concerts because they can watch the shows on YouTube, and the concert-planners have a right to what they lose because of it, but it gets more confusing when the artists might not agree. I've been to concerts where almost every single person their has their camera up and is filming. Some bands LOVE this, it's a great way to get publicity, to have new music tested out, build buzz about new music, etc. Some, obviously, don't and some record labels really don't (I'm a fan of David Cook's and his label is ripping bootlegged new songs off the internet, even though David himself would rather they stay up). It'll be interesting to see how this would even be enforced.

MacMan · #8 08-17-2010, 07:50 PM

I thought I read something that these types of lawsuits were brought on towards the vendors at these all day festivals, the ones selling bootleg merchandise, ie t-shirts and the like with the bands trademarks, their logos, the festivals logos etc., not necessarily audio video recordings?

Or am I misunderstanding this?

bucklind17 · #9 08-17-2010, 08:07 PM

Quote:

Originally Posted by MacMan

I thought I read something that these types of lawsuits were brought on towards the vendors at these all day festivals, the ones selling bootleg merchandise, ie t-shirts and the like with the bands trademarks, their logos, the festivals logos etc., not necessarily audio video recordings?

Or am I misunderstanding this?

Now that you say that, I read the article more closing and it does seem to imply actual goods and not recordings. I guess I see the word bootleg and just assume it means audio/visual, even though I know it goes much further back than that. Oops!

Macfanforever · #10 08-19-2010, 04:54 PM

Now I see Walmart is carrying concert tee's now.I have not check to see what they are getting for them,but some look good to me.Stevie and FM could cut a deal with the big "W" and make a killing with the tee's.As I can seesome confusion on the word "Bootleg" to me that means anything illegal sold with the Trade Mark Names ,Photos and audio and Videos.as I read the report .it did not mention audio/video recordings.Here we have a big problem a the fleamarkets selling fake, DVD's,CD's,pocket books,wallets,batteries,tools,toys,clothing and the list goes on.