Kassbaum v. Steppenwolf Productions, Inc.

By 1975, the band Steppenwolf no longer existed in its original form. Two former members, including Nicholas Kassbaum (plaintiff) began touring as The New Steppenwolf, leading to a legal dispute over their use of the Steppenwolf name. This was resolved through an agreement in which Kassbaum paid former member John Kay and Steppenwolf Productions, Inc. (SPI) (defendant) for the right to use the name. In 1979 a second agreement granted The New Steppenwolf, Inc. the right to use the name for recording and distribution purposes until 1981. However, in a 1980 contract, Kassbaum and The New Steppenwolf, Inc. agreed to relinquish all rights to the name Steppenwolf to SPI and Steppenwolf, Inc. (SI) (defendant) “for any purposes whatsoever.” From 1980 through 1996, Kassbaum performed as Lone Wolf, but described himself as “a former member of Steppenwolf” for promotional purposes, without objection from SPI or SI. In 1996 Kassbaum joined a group called World Classic Rockers and continued to promote himself as a former member of Steppenwolf. At this point, SPI and SI sent cease-and-desist orders, alleging violation of the Lanham Act and breach of the 1980 contract. Kassbaum filed an action for declaratory relief. The district court found that Kassbaum had violated the 1980 contract. Summary judgment was granted in favor of SPI and SI. Kassbaum appealed. The United States Court of Appeals for the Ninth Circuit granted certiorari.