Judiciary
Federal Judge Packs IP Opinion with Bon Jovi References
Posted Jun 8, 2009, 12:39 pm CST
By Debra Cassens Weiss
A Philadelphia federal judge ruling in a copyright and trademark case managed to pack four references to songs by Bon Jovi in a case in which the rocker was one of the litigants.
Bon Jovi is part owner of the Arena Football League team the Philadelphia Soul and holds several copyrights and trademarks for the team’s merchandise, the Legal Intelligencer reports. The team claims a fired sales manager sold championship rings that misappropriated the team logo; he responded with a counterclaim claiming an e-mail sent to fans about the cancellation of the team’s 2009 season was improperly attributed to him, even though he had been fired before the message was sent.
U.S. District Judge Michael Baylson opened an opinion (PDF posted by the Intelligencer) refusing to dismiss the defendant’s counterclaims with this description of the dispute:
“In the instant matter, the local arena football team the Philadelphia Soul—partially owned by rock icon Jon Bongiovi (also known as Bon Jovi)—rose in a ‘Blaze of Glory’ to win the 2008 national championship Arena Bowl and then was ‘Shot Through the Heart’ when its 2009 season was cancelled by the League due to financial problems. The team and League remain ‘Living on a Prayer’ that they will return in the 2010 season and beyond. In the meantime, the Philadelphia Soul and a former employee are trading accusations concerning the fall-out of the season’s cancellation, in which they each experienced a taste of ‘Bad Medicine.’ ”
A footnote credits the judge’s law clerk “for her helpful knowledge of popular music” that aided his opinion.
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