JIMI HENDRIX Estate Gets A Fraction Of Jury Award
September 23, 2011, 13 years ago
According to Courthousenews.com, a US federal judge threw out an award of more than $1.7 million to the estate of JIMI HENDRIX, saying the jury's verdict in a trademark infringement suit was the "product of speculation, error, and disregard of the court's instructions."
US District Judge Thomas Zilly reduced the award to $60,000, refused to grant treble damages, modified a proposed permanent injunction to include fair use rights and gave the estate $50,000 in attorneys' fees instead of the $500,000 requested.
Authentic Hendrix and Experience Hendrix, run by Jimi's stepsister Janie Hendrix, sued Hendrix Licensing and Andrew Pitsicalis over use of a Jimi Hendrix headshot logo and signature. Jimi's brother Leon Hendrix is on Hendrix Licensing's board of directors. In an earlier ruling, Zilly referred to the case as "part of a continuing saga of litigation" over Jimi Hendrix's legacy.
Before trial, the judge granted Hendrix Licensing and Pitsicalis partial summary judgment, striking down as unconstitutional portions of the Washington Personality Rights Act that allowed anyone to claim publicity rights in Washington, even if they had no connection to the state.
Later a jury awarded a $1.7 million verdict to the Hendrix estate based on lost profits and injury to reputation or goodwill.
But Zilly said Wednesday that the verdict on lost profits "is unsupported by the evidence."
Read more here.
