AEG Live sues concert bootleggers before they bootleg

Hollywood Reporter ^ | Aug 10, 2010 | Eriq Gardner

[a fool in paradise]

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?

[Defiant]

I remember reading about this practice about 15 or 20 years ago. It is not new.

[Oshkalaboomboom]

The public should respond to the threat by staying home. Problem solved.

[pnh102]

This is stupid. Why shouldn’t someone be allowed to sell a piece of property that he owns to another willing buyer. As for the state getting involved, isn’t there real crime to be dealt with instead?

[a fool in paradise]

Big Media powergrab:

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.

Big Media owns our legislature. "Gee it's too hard to try to take someone to court after the fact, let's file a bunch of generic lawsuits first and get US marshalls to be our private security detail...".

[a fool in paradise]

Bill Clinton’s administration pushed through a limit of 2 beanie babies when you came through customs to keep the “tulip market” artificially high.

It’s not new, but it is bogus.

[circlecity]

"I remember reading about this practice about 15 or 20 years ago. It is not new."

You are correct. I represented a couple of clients 20 years ago who got nailed like this outside a Bruce Springsteen concert. The plaintiff's lawyers screwed up by naming Springsteen personally as a plaintiff along with the merchandizing company. I immediately responded with a Notice of Deposition directing Springstten to appear at my office the following month to have his deposition taken. The plaintiff's lawyers tried to stop it but the Judge (who was enjoying our tactics in the case) kept it on. The case was dismissed the day before the deposition. (as I knew it would be)

[rahbert]

There was a movie made about pre-crime wasn’t there?

[DTA]

>>>>Theere was a movie made about pre-crime wasn’t there?<<<<

Or, as Joe Stalin said "there are no inocents, everyone is guilty of something. Incarcerate them and find out"

[mono]

.....it is not new....

I did this back in the late 1970’s to protect my band clients. Bootleggers sold illegal, inferior merchandise all around concert sites and paid the bands nothing. We got federal injunctions under the copyright, service mark and trade mark laws and Federal Marshals enforced it. It worked, but you had to get separate injunctions for each locality.

[mono]

Looks like you outlawyered Springsteens people. I didnt have that problem...see post 10. Of course, all we ever got was the seized goods and the bootleggers were back in business against other bands the next day. Merchandise bootleggers are among the more sleazier denizens of the rock and roll world down near the bottom with heroin dealers.

[RobRoy]

I suggest that John, and maybe Jane, retain an attorney. But then, since they don’t exist, it get’s rather complicated.

I’m sure an expensive attorney could sort it out.

[a fool in paradise]

Eh, the scalpers were sleazier than the bootleggers. I haven’t even seen bootleg t-shirts for sale outside a concert in over 20 years.

[RichInOC]

How do it know?

[RobRoy]

The law is a funny thing.

No, seriously, it’s funny! :)

The road off Factoria mall in Bellevue has a speed limit of 35. There are tons of traffic lights, popular entrances to parking lots, etc. Yet, in the same city, there is Bellevue way. The speed limit there is 35 as well, until it gets into a less congested area with lots of places for motorcycle cops to hide. There the speed limit drops to 30. ;)

It’s like playing a game of Monopoly. It is not about safety. It is not about protecting the limit. It’s not even about morality. The laws are like rules of a board game. Sometimes you land on unimproved Baltic, and sometimes you land on Park Place with a hotel.

But the cool thing is that, unlike Monopoly, you can violate the rules almost with impunity and not get caught.

[RobRoy]

>>The public should respond to the threat by staying home. Problem solved.<<

The last concert I paid to go to was Genesis at Paramount in Seattle around 1980. I don’t do ticketmaster, et al.

[dbrew2u]

Have you looked at the Price of a Concert Ticket lately ? $ 200.00 a seat to see the Eagles ? I saw these guys back in the 70’s for $ 3.50. But merchandise is where the Money is really made. The Best and easiest thing to do ? Just wait on the DVD.

[RobRoy]

I wonder how the police will know the merchandise is bootlegged. I bought a couple of Shure Beta 58 mics off craigslist once and my pre-purchase research helped me identifie the “fake” ones that seem to be flooding the market.

That said, it was very difficult to tell unless you knew exactly what to look for.

[Defiant]

I like your style.

[Defiant]

There was a movie made about pre-crime wasn’t there?

Yeah, but that's not what this is about.