Glovaroma, Inc. v. Maljack Productions, Inc.
United States District Court for the Northern District of Illinois
71 F. Supp. 2d 846 (1999)
- Written by Sarah Holley, JD
Facts
Frank Zappa was a well-known rock-and-roll music icon. Since Frank’s death, his widow Gail Zappa controlled the rights to his name, voice, photograph, and likeness through Glovaroma, Inc. and the Zappa Family Trust (collectively, Glovaroma) (plaintiffs). Glovaroma created and produced videotapes of Frank Zappa’s creative works under the registered trademark “Honker Home Video.” In December 1987, Glovaroma and MPI entered into an oral agreement that granted MPI the right to produce, distribute, and market five Frank Zappa videos under the Honker Home Video label. In May 1994, after it came to light that MPI had been under-reporting sales of the videos and miscalculating royalty payments, Glovaroma demanded that MPI return all videos and marketing materials belonging to Glovaroma and destroy all Frank Zappa video inventory in its possession. MPI neither complied nor remitted payment but continued to sell-off its existing inventory under the Honker Home Video label. Glovaroma brought suit against MPI for trademark infringement. Both parties moved for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Williams, J.)
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