Brian Reed and musician Charles Marshall collaborated on the band "Riders North," performing and releasing music together for over a decade. Following a falling out, Marshall continued to perform under the name "Riders North," while Reed objected and filed suit asserting common law trademark rights. The dispute centered on ownership and use of the band name and associated goodwill.
Reed alleged that he co-founded the band, contributed to its branding, and jointly owned its name. After their split, Marshall performed solo using the "Riders North" name and controlled associated websites, social media, and merchandise. Reed sought injunctive relief and damages under the Lanham Act and state law, asserting infringement and false designation of origin.
The district court granted summary judgment for Marshall. It found that Marshall had consistently used the mark in commerce, maintained control over the band's promotional channels, and did not abandon the name. Reed appealed, arguing that the court failed to consider his co-ownership claim and the shared origin of the mark.
Court of Appeals upheld summary judgment for solo performer
The U.S. Court of Appeals reviewed the district court’s grant of summary judgment de novo. It examined whether Reed presented sufficient evidence of ownership or control of the mark. The court concluded that while Reed participated in the band’s formation and music, Marshall had consistently presented himself as the representative of "Riders North" in business dealings, controlled the band’s digital presence, and continued to use the name in uninterrupted commerce.
The court also found that the goodwill associated with the band remained with Marshall. It reasoned that ownership of a mark requires consistent use and public association, which Reed did not demonstrate following the band’s dissolution. Reed failed to show that he exercised control over the brand or that the public identified him as the source of the mark.
In rejecting Reed’s claims of joint ownership, the court noted that Reed had not registered the mark, had no formal agreement establishing ownership rights, and failed to produce evidence of continued commercial use after the split.
Final outcome
The Court of Appeals affirmed summary judgment in favor of Marshall, holding that Reed failed to demonstrate ownership or continued use of the "Riders North" trademark after the end of their musical collaboration.
Help with trademark disputes and music brand ownership
If you are involved in a dispute over music branding, ownership of group names, or trademark enforcement, Whitcomb, Selinsky PC handles conflicts involving common law marks, digital brand control, and Lanham Act claims. Reach out to schedule a consultation and learn how our team can assist with your case.
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