TRADE MARK / IMAGE RIGHTS
Merchandising

Former Rock ‘n Roll musician Roy A. Sciacca has won a victory against The Beach Boys’ company, Brother Records, when Judge Manuel L. Real of the United State District Court for the Central District of California turned down a $60 million lawsuit. The lawsuit accused Sciacca of stealing a treasure trove of original Beach Boys lyric sheets, sound recordings, videotapes, photographs and other items from a warehouse in 1994. Sciacca is an avid collector of memorabilia. Following the $1.25 million sale in 2005 John Lennon hand written lyrics, Sciacca contacted auctioneer CooperOwen’s Music Legends to arrange the sale of some of The Beach Boys’ original lyric sheets and other items he had purchased at a warehouse sale in the 1980s. This alerted Brother Records who filed the lawsuit claiming, among other things, copyright, trademark, and right of publicity infringement. Judge Real ruled that there was no evidence to suggest that Roy Sciacca and warehouse owner Allen Gaba had stolen the memorabilia and Sciacca is now free to sell the items.

See http://www.sys-con.com/read/359811.htm