United States Ninth Circuit

Summary judgment and dismissal of a complaint brought by the adopted children and wife of a world-renowned bandleader, and their exclusive licensing agent against an orchestra operator, is affirmed where the district court correctly ruled that a licensee of trademark and related publicity rights may not sublicense those rights to third parties without express permission from the original licensor, but that plaintiffs were barred by the doctrine of laches from taking legal action now.

Appellate Information

• Argued 12/07/2005
• Decided 07/19/2006
• Published 07/19/2006

Judges

• PER CURIAM., Before ROBERT R. BEEZER, CYNTHIA HOLCOMB HALL, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Brian G. Wolf and Paul Karl Lukacs, Lavely & Singer, P.C., Los Angeles, CA, for the plaintiffs-appellants-cross-appellees., Sheldon Eisenberg, Adam J. Thurston, and Melissa B. Bonfiglio, Bryan Cave LLP, Santa Monica, CA, for the defendant-appellee-cross-appellant.