Dispute over the rights of soul band The Ebonys
By Ferraiuoli LLC
In a dispute over the rights to the name of the Philadelphia soul band The Ebonys, the 3rd U.S. Circuit Court of Appeals ruled on September 17, 2021, that a Trademark Trial and Appeal Board proceeding doesn't preclude related trademark infringement claims.The board's narrow jurisdiction over trademark registration issues prevents its decisions from barring broader infringement claims, U.S. Circuit Judge Michael Chagares wrote for a unanimous three-judge panel, according to Reuters.
The appeals court therefore decided to revive The Ebonys founder David Beasley's trademark infringement claims against former bandmate William Howard in New Jersey federal court despite Beasley's failed attempt to cancel Howard's federal "Ebonys" trademark at the TTAB.
