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SKS Merch, LLC v. Barry

233 F. Supp. 2d 841 (2002)

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SKS Merch, LLC v. Barry

United States District Court for the Eastern District of Kentucky

233 F. Supp. 2d 841 (2002)

Facts

Country singer Toby Keith (plaintiff) authorized SKS Merch, LLC (SKS) (plaintiff) to sell merchandise bearing Keith’s name and image. Meanwhile, unauthorized sellers—commonly known as bootleggers—regularly appeared at Keith concert locations to sell their own Keith merchandise, which tended to resemble more crudely made versions of SKS’s products. Whenever SKS employees attempted to confront the bootleggers, the bootleggers scattered, making it difficult to ascertain their identities. However, SKS was able to identify Mike Barry, Lou Black, and Louie Cutone (defendants). Police were generally unwilling to assist SKS without SKS obtaining an injunction. Keith and SKS brought a Lanham Act claim in federal district court, seeking nationwide preliminary and permanent injunctions.

Rule of Law

Issue

Holding and Reasoning (Forester, J.)

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