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Apple Corps Ltd. v. Button Master, P.C.P., Inc.

Apple Corps Ltd. v. Button Master, P.C.P., Inc.

United States District Court for the Eastern District of Pennsylvania

March 18, 1998, Decided ; March 19, 1998, Filed

CIVIL ACTION No. 96-5470

Opinion

 [**1237]  MEMORANDUM AND ORDER

Yohn, J.

March 18, 1998

Plaintiffs Apple Corps Limited ("Apple") and Subafilms Ltd. ("Subafilms") bring this action against defendants Button Master, P.C.P., Inc., and Philip Ceccola ("Ceccola"). 1 Plaintiffs contend that Ceccola, doing business as Button Master, misappropriated and infringed their property rights in the musical group, The Beatles, by manufacturing and selling pin-on buttons featuring the name and likeness of The Beatles and certain trademarks and copyrighted images belonging exclusively to plaintiffs. In their eleven-count complaint, plaintiffs seek recovery for trademark [*2]  infringement, in violation of § 32(1) of the Lanham Act, 15 U.S.C. § 1114(1) (Count I); unfair competition, in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (Count II); trademark dilution, in violation of § 43(c) of the Federal Trademark Dilution Act of 1995, 15 U.S.C. § 1125(c) (Count III); copyright infringement, in violation of the Copyright Act, 17 U.S.C. §§ 106 and 501 (Counts IV and V); tortious misappropriation of rights of publicity (Count VI); state trademark infringement and dilution, in violation of 54 PA. CONS. STAT. ANN. § 1124 (Count VII); common law unfair competition (Count VIII); unjust enrichment (Count IX); constructive trust (Count X); and seizure, impounding, and destruction of counterfeit and infringing products, pursuant to 15 U.S.C. §§ 1116(d) and 1118, and 17 U.S.C. § 503 (Count XI). See Complaint, Counts I-XI. The court has federal question jurisdiction over plaintiffs' federal law claims pursuant to 28 U.S.C. § 1331, and supplemental jurisdiction over their state law claims pursuant to 28 U.S.C. § 1367.

 [*3]  Plaintiffs have moved for summary judgment against Ceccola on Counts I, II, IV, V, and VI, as to liability only. See Motion of Plaintiffs Apple Corps Limited and Subafilms Ltd. for Summary Judgment; Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment ("Plaintiff's Mem.") at 1. 2 Ceccola has not filed any response to this motion. For the reasons stated below, plaintiffs' motion will be granted in part and denied in part. Specifically, the court will grant Apple's motion for summary judgment on its claims for trademark infringement and unfair competition with respect to Apple's registered trademark in the name, "The Beatles" and its unregistered trademark in "The Beatles" logo with the elongated "b" and "t" letters. The court will also grant summary judgment in favor of Apple on its claim for misappropriation of its right of publicity, and will grant summary judgment in favor of Subafilms on its claim for copyright infringement.

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1998 U.S. Dist. LEXIS 3366 *; 47 U.S.P.Q.2D (BNA) 1236 **; Copy. L. Rep. (CCH) P27,754

APPLE CORPS. LIMITED and SUBAFILMS LTD., Plaintiffs, v. BUTTON MASTER, P.C.P., Inc. and PHILIP CECCOLA, Defendants.

Disposition:  [*1]  Plaintiffs' unopposed motion for summary judgment against defendant Philip Ceccola GRANTED in part and DENIED in part.

CORE TERMS

Apple, buttons, trademark, marks, likeness, registered, images, unregistered, infringed, copied, rights, Plaintiffs', right of publicity, summary judgment, trademark infringement, registration, featuring, unfair competition, similarities, letters, genuine issue of material fact, likelihood of confusion, titles, copyrighted work, performer, songs, secondary meaning, manufacture, consuming, ownership

Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, General Overview, Genuine Disputes, Materiality of Facts, Supporting Materials, Judgments, Evidentiary Considerations, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Opposing Materials, Motions for Summary Judgment, Business & Corporate Compliance, Causes of Action Involving Trademarks, Infringement Actions, Determinations, Trademark Law, Federal Unfair Competition Law, Lanham Act, False Designation of Origin, Elements of False Designation of Origin, Entertainment Industry Falsity & Performance Misattribution, Trade Dress Protection, False Advertising, Unfair Competition, Likelihood of Confusion, Consumer Confusion, Trademark Cancellation & Establishment, Incontestability, Affidavit Requirement, Continuing Use Requirement, Eligibility for Trademark Protection, Distinctiveness, Subject Matter of Trademarks, Terms Requiring Secondary Meaning, Terms With Inherent Distinctiveness, Effects, Registration Procedures, Federal Registration, Federal Registration as Evidence, Similarity of Marks, Appearance, Meaning & Sound, Confusion Among Noncompeting Products, Circuit Court Factors, 3rd Circuit Court, Factors for Determining Confusion, Intent of Defendant to Confuse, Titles of Artistic Works, Conveyances, Appeals, Summary Judgment Review, Evidentiary Considerations, Scintilla Rule, Copyright Law, Scope of Copyright Protection, Ownership Interests, Copyright Infringement Actions, Civil Infringement Actions, Elements, Copying by Defendants, Presumptions, Validity of Copyright, Formalities, Ownership Rights, Displays, Deposit & Registration Requirements, Deposits, Mandatory Deposits, Registration, Distribution, Performances, Reproductions, Copying by Defendants, Access, Evidence, Inferences & Presumptions, Substantial Similarity, Testimony, Expert Witnesses, Governmental Works, Extrinsic Tests, Intrinsic Tests, Torts, Invasion of Privacy, Appropriation, Jurisdiction, Jurisdictional Sources, Procedural Matters, Conflict of Law, Subject Matter Jurisdiction, Supplemental Jurisdiction, Preliminary Considerations, Federal & State Interrelationships, Choice of Law, Defenses, Elements, Contracts Law, Breach, Material Breach, Defenses, Copyright Misuse, Contracts Law, Remedies, Injunctions, Permanent Injunctions, Injunctions, Equitable Relief, Damages, Grounds for Injunctions, Public Interest