The Museum states that its building design is "a unique and inherently distinctive symbol of the freedom, youthful energy, rebellion and movement of rock and roll music." Whatever its symbolism, there can be no doubt that the Museum's design is unique and distinctive. In their briefs to this court, The Rock and Roll Hall of Fame and Museum and The Rock and Roll Hall of Fame Foundation have referred to themselves collectively as "the Museum." Throughout the remainder of this opinion, we will do the same. Pei's design was brought to life on the edge of Lake Erie, in the form of The Rock and Roll Hall of Fame and Museum which opened in September 1995. Pei, a world famous architect, to design a facility for The Rock and Roll Hall of Fame and Museum in Cleveland, Ohio. In 1991, the Foundation commissioned I.M. In 1988, The Rock and Roll Hall of Fame Foundation registered the words, "THE ROCK AND ROLL HALL OF FAME," as its service mark, on the principal register at the United States Patent and Trademark Office. We agree and therefore vacate the entry of the preliminary injunction. The defendants appeal, claiming, essentially, that the district court mistakenly concluded that the plaintiffs have shown a strong likelihood of succeeding on the merits. The plaintiffs moved for and were granted a preliminary injunction, on the authority of Fed. The Rock and Roll Hall of Fame and Museum, Inc., and The Rock and Roll Hall of Fame Foundation, Inc., filed suit against Charles Gentile and Gentile Productions, alleging various trademark and unfair-competition claims under state and federal law. 16-22), delivered a separate dissenting opinion.
RYAN, J., delivered the opinion of the court, in which BATCHELDER, J., joined. Trattner, LEWIS & TRATTNER, Washington, D.C., for Amici Curiae.ĮLECTRONIC CITATION: 1998 FED App. Ossola, LOWE, PRICE, LEBLANC & BECKLER, Alexandria, Virginia, Stephen M. Pappalardo, GALLAGHER, SHARP, FULTON & NORMAN, Cleveland, Ohio, for Appellants.Ĭharles D. Baumgardner, Susan Marqulies, BERKMAN, GORDON, MURRAY & DeVAN, Cleveland, Ohio, Michael T. Fay, JONES, DAY, REAVIS & POGUE, Cleveland, Ohio, for Appellees. Michael Murray, BERKMAN, GORDON, MURRAY & DeVAN, Cleveland, Ohio, for Appellants.
White, Chief District Judge.īefore: MARTIN, Chief Judge RYAN and BATCHELDER, Circuit Judges. GENTILE, DEFENDANTS-APPELLANTS.Īppeal from the United States District Court for the Northern District of Ohio at Cleveland. THE ROCK AND ROLL HALL OF FAME FOUNDATION, INC., PLAINTIFFS-APPELLEES, THE ROCK AND ROLL HALL OF FAME AND MUSEUM, INC. UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Intellectual Property Case Compliments of Versuslaw Pictures of buildings do not violate trademark - Rock & Roll Hall of Fame & Museum Pictures of buildings do not violate trademark - Rock & Roll Hall of Fame & Museum v.
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