Elvis Presley Enterprises, Inc. v. Capece
United States Court of Appeals for the Fifth Circuit
141 F.3d 188 (1998)

- Written by Sarah Holley, JD
Facts
Elvis Presley Enterprises, Inc. (EPE) (plaintiff) was the assignee and registrant of all trademarks belonging to the Elvis Presley estate. EPE licensed these marks for use on various products and operated Graceland as a tourist attraction with adjacent retail stores and restaurants. However, none of these marks were registered for use in the restaurant and tavern business. Between 1991 and 1992, Capece (defendant) opened a bar called “The Velvet Elvis” and obtained a federal service-mark registration for restaurant and tavern services. Capece’s bar’s décor was eclectic and included velvet paintings of celebrities, including ones of Elvis, and various other Elvis references. Images and references to Elvis appeared in advertising for the bar, and some emphasized the “Elvis” portion of the name in bold with an almost unnoticeable “Velvet” appearing alongside in smaller script. Other advertisements made direct references to Elvis with phrases such as “The King Lives” and “Elvis has not left the building.” In 1995, EPE sued Capece, claiming that the inclusion of its “Elvis” trademark in the service mark “The Velvet Elvis” coupled with Capece’s use of the image and likeness of Elvis in advertising, promoting, and rendering bar services created confusion as to whether EPE licensed, sponsored, endorsed, or was otherwise affiliated with “The Velvet Elvis,” constituting unfair competition and trademark infringement under the common law and Lanham Act. The district court ruled in favor of EPE on its claims of trademark infringement and unfair competition relating to Capece’s advertising practices, but not those claims relating to their use of “The Velvet Elvis” service mark. EPE appealed, arguing that the district erred in isolating its consideration of Capece’s advertising from its consideration of whether “The Velvet Elvis” service mark infringed EPE’s marks.
Rule of Law
Issue
Holding and Reasoning (King, J.)
What to do next…
Here's why 814,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.