Eastland Music Group LLC v. Liongate Entertainment, inc.

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-2928
Decision Date: 
February 21, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in dismissing plaintiff’s trademark infringement claim that asserted defendant’s use of “50/50” in title of 2011 movie improperly infringed on plaintiff’s “Phifty-50” trademark used by plaintiff’s rap duo Phifty-50. Plaintiff’s complaint failed to allege that use of “50/50” as movie title caused any confusion about movie’s source. Ct. further noted that phrase 50/50 or its sound-alike has been used in several films and songs prior to plaintiff’s register of its trademark, such that plaintiff’s rights to “Phifty-50” trademark was weak and narrow.