Read without ads and support Scribd by becoming a Scribd Premium Reader.
See Premium Plans
 
UNITED STATES DISTRICT COURTFOR THE MIDDLE DISTRICT OF TENNESSEENASHVILLE DIVISIONSAMUEL DAVID MOORE, JOYCE ELLEN)MOORE, and THE SJM TRUST,))Plaintiffs,))Case No. 3:09-CV-00166v.))Judge Aleta A. TraugerTHE WEINSTEIN COMPANY, LLC, doing )Magistrate Judge Brownbusiness as DIMENSION FILMS; METRO-)GOLDWYN-MAYER STUDIOS, INC.;)GENIUS PRODUCTS, LLC; and CONCORD)MUSIC GROUP, INC.,))Defendants,)MEMORANDUM
Pending before the court are a series of related motions. The defendants filed a Motionfor Summary Judgment (Docket No. 303), to which the plaintiffs filed a Response in opposition(Docket No. 340), and the defendants filed a Reply (Docket No. 358). In support of theirResponse, the plaintiffs rely upon the Expert Report of John Simson (Docket No. 342, Ex. 10),the Expert Report of Peter Benjaminson (
id.
, Ex. 14), the Expert Declaration of Anne Chasser(
id.
, Ex. 36), and the Declaration of Plaintiff Joyce Ellen Moore in rebuttal to the defendants’Motion for Summary Judgment (
id.
, Ex. 1) (“Joyce Moore Rebuttal Declaration”). Concurrentlywith their Motion for Summary Judgment, the defendants filed a Motion to Exclude the Reportand Testimony of Simson (Docket No. 298) and a Motion to Exclude the Report and Testimonyof Benjaminson (Docket No. 300), to which the plaintiffs filed Responses in opposition (DocketNos. 327 (Simson) and 326 (Benjaminson)), and the defendants filed Replies (Docket Nos. 335(Simson) and 334 (Benjaminson)). Also, in response to the plaintiffs’ opposition to the Motion1
Case 3:09-cv-00166 Document 375 Filed 05/23/12 Page 1 of 98 PageID #: 11121
 
for Summary Judgment and concurrent with filing its Reply with respect thereto, the defendantsfiled a Motion to Strike the Chasser Declaration (Docket No. 354) and a Motion to Strike theJoyce Moore Rebuttal Declaration (Docket No. 355), to which the plaintiffs filed Responses inopposition (Docket Nos. 366 (Chasser) and 362 (Moore)), and the defendants filed Replies(Docket Nos. 372 (Chasser) and 369 (Moore)).For the reasons stated herein, the Motion to Exclude the Simson Report and Testimonywill be granted, the Motion to Exclude the Benjaminson Report and Testimony will be granted,the Motion to Exclude the Chasser Declaration will be granted in part and denied in part, theMotion to Strike the Joyce Moore Rebuttal Declaration will be granted in part and denied in part,and the Motion for Summary Judgment will be granted.
OVERVIEW AND PROCEDURAL HISTORYI.Overview
Plaintiff Samuel David Moore is a musical entertainer who is most famous forperforming the songs “Soul Man” and “Hold On I’m Comin’” with Dave Prater, as part of the“Sam & Dave” soul music duo in the 1960's and 1970's. Although “Sam & Dave” ceasedperforming together by the early 1980's and Prater died in 1988, Sam Moore continues toperform and to make celebrity appearances, in which he is often referred to as “Sam Moore ‘TheLegendary Soul Man’” or some variation thereof.Sam Moore claims to possess intellectual property rights in certain unregisteredtrademarks, including the terms “Soul Man,” “Soul Men,” “The Legendary Soul Man,” and “TheOriginal Soul Man” and “The Original Soul Men” (collectively, “Marks”). Sam Moore alsoasserts claims relative to his 1967 album “Sam & Dave Soul Men” and a 2008 documentary2
Case 3:09-cv-00166 Document 375 Filed 05/23/12 Page 2 of 98 PageID #: 11122
 
concerning Sam & Dave.In 2008, defendant The Weinstein Company, LLC d/b/a Dimension Films (“TWC”)released a feature film called
Soul Men
(hereinafter “
Soul Men
” or “Movie”)
 
starring Samuel L.Jackson and Bernie Mac. Pursuant to contractual agreements with TWC and/or its affiliates,defendant Metro-Goldwyn Mayer Studios, Inc. (“MGM”) distributed
Soul Men
in theatersnationwide, defendant Genius Products, LLC (“Genius Products”) has distributed a DVD versionof the Movie, and Concord Music Group, Inc. (“Concord”) created and distributes the Movie’ssoundtrack, entitled
Soul Men The Original Motion Picture Soundtrack 
(“Soundtrack”).In this lawsuit, Sam Moore, his wife Joyce Ellen Moore, and The SJM Trust(collectively, “plaintiffs”) broadly contend that the defendants violated their intellectualproperty, publicity, and privacy rights by producing, promoting, and/or distributing the Movieand the Soundtrack. The plaintiffs assert the following claims:(1) violation of the “right of publicity” under the Tennessee Personal RightsProtection Act (“TPRPA”), Tenn Code Ann. § 47-25-1101
et seq.
(2012),and Tennessee common law (Count I),(2) false light invasion of privacy (Count II);(3) unfair competition under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)(2012) (Count III);(4) violations of the Tennessee Consumer Protection Act (“TCPA”), Tenn.Code Ann. § 47-18-101
et seq.
(2012) (Count IV);(5) common law unfair competition (Count V);(6) unjust enrichment (Count VI);(7) trademark dilution under § 43(c) the Lanham Act, 15 U.S.C. § 1125(c)(Count VII);(8) civil conspiracy (Count VIII); and3
Case 3:09-cv-00166 Document 375 Filed 05/23/12 Page 3 of 98 PageID #: 11123
Search
Search History:
Searching...
Result 00 of 00
00 results for result for
  • p.
    • Notes
    Load more