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Elvis Presley—The Intellectual Property Cases
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These cases give quite in-depth coverage of a variety of Intellectual Property issues, including Trademark and Copyright Infringement, as well as Publicity Rights and Invasion of Privacy.

"Elvis" and "Elvis Presley" are registered trademarks with the USPTO. Should individuals be allowed to trademark their names? (Note: For more cases discussing Publicity Rights and Invasion of Privacy see the Property Cases.)

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Major Cases

· Elvis Presley Enterprises v. Passport Videos

· Elvis Presley Enterprises v. Capece (Ap. Ct. 1998)

· Elvis Presley Enterprises v. Capece (Dist. Ct. 1996)

· Elvis Presley Enterprises v. Elvisly Yours (U.S.) (Ap. Ct. 1991)

· Elvis Presley Enterprises v. Elvisly Yours (U.S.) (Ap. Ct. 1987)

· Elvis Presley Enterprises v. Elvisly Yours (U.K.) (Ap. Ct. 1999)

· Elvis Presley Enterprises v. Elvisly Yours (U.K.) (Hi. Ct. 1997)

· Estate of Elvis Presley v. Russen


Minor Cases

· Rodgers and Hammerstein Org. v. UMG Recordings

· Broadcast Music v. Aartie Restaurant Management

· Hoste v. Radio Corp. of America

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The Intellectual Property Cases
Major Cases
Elvis Presley Enterprises v. Passport Videos
349 F.3d 622 (9th Cir.(Cal.), Nov 06, 2003)
357 F.3d 896 (9th Cir.(Cal.), Feb 06, 2004) (Amended Dissent)
Overview: Various copyright holders sue video company over unauthorized use of copyrighted material in exhaustive 16-hour video documentary of Elvis' life.
Full Opinion (PDF Findlaw.com)
Related Items
Elvis Presley Enterprises v. Capece (The "Velvet Elvis" Case)
141 F.3d 188 (5th Cir.(Tex.), May 07, 1998)
950 F. Supp. 783, Dec 30, 1996 (District Court Opinion)
Overview: Assignee and registrant of all trademarks, copyrights, and publicity rights belonging to the Elvis Presley estate sues operators of "The Velvet Elvis" restaurant for trademark infringement and dilution, and violation of its right of publicity in the name of Elvis Presley. The District Court finds for Capece, reversed and remanded on appeal.
Note: There is some wonderful Judicial Humor at the end of the 1996, District Court opinion!
Appellate Court Opinion (USCourts.gov)
District Court Opinion (PDF PresLaw)
Related Items
Elvis Presley Enterprises v. Elvisly Yours (The American case)
936 F.2d 889 (6th Cir.(Tenn.), June 27, 1991)
817 F.2d 104 (6th Cir.(Tenn.), Apr 28, 1987)
Overview: Assignee of trademarks of Elvis Presley sues U.K. company selling Elvis Memorabilia for trademark infringement, violations of Tennessee common law, and statutory rights of publicity. Court finds in favor of plaintiff, EPE.
1991 Opinion (PDF PresLaw)
1987 Opinion (PDF PresLaw)
Elvis Presley Enterprises v. Elvisly Yours (The British case)
(1999) R.P.C. 567 (Ct. of Appeal, March 12, 1999)
(1997) R.P.C. 543 (High Ct. of Justice, Chancery Div., March 18, 1997)
Overview: When a virtually identical case was held in the U.K., only this time with Elvisly Yours as plaintiff, the court ruled in favor of Elvisly Yours, unlike in the American case.
1999 Court of Appeal Opinion (Elvisly-Yours.com)
1997 High Court Opinion (Elvisly-Yours.com)
Related Items
Estate of Elvis Presley v. Russen (The "Big El Show" Case)
513 F. Supp. 1339 (D.N.J., Arp 16, 1981)
Overview: Estate of Elvis Presley sues Elvis impersonator for trademark infringement, common-law unfair competition, and infringement of right of publicity. This case has a long opinion and discusses the issues in great depth.
Full Opinion (HTML PresLaw)
Download Opinion (PDF PresLaw)
Minor Cases
Rodgers and Hammerstein Org. v. UMG Recordings
(Elvis Presley Music co-plaintiff)
2001 WL 1135811, 60 U.S.P.Q.2d 1354 (S.D.N.Y., Sep 26, 2001)
Overview: Plaintiff songwriters and music publishers sue record company for copyright infringement.
Full Opinion (PDF USCourts.gov)
Broadcast Music v. Aartie Restaurant Management
(Elvis Presley Music co-plaintiff)
1993 WL 106894, 1993 Copr.L.Dec. P 27,060 (M.D.Fla., Jan 13, 1993)
Overview: Plaintiff songwriters and music publishers sue for copyright infringement by unlicensed public performance of copyrighted material in defendant's restaurant. Court discusses summary judgment issues.
Full Opinion (PDF PresLaw)
Hoste v. Radio Corp. of America
(Vernon Presley, Executor of Elvis' Estate, co-defendant)
654 F.2d 11 (6th Cir.(Mich.), Jul 07, 1981)
Overview: Hoste, songwriter, seeks damages for copyright infringement, claiming Elvis performed a song almost identical to one that she wrote. Case deals with issues of summary judgment, statute of limitations, and laches defense.
Full Opinion (PDF PresLaw)
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