Kanye West and Damon Dash get to share some territory in the Reduce East Side.
On Thursday, a New York federal judge granted them victory in a lawsuit over the 2015 movie they made titled Loisaidas Loisaidas is Spanish slang for Manhattan, New York’s “lower east siders.” It is also the title of a Latin band founded by Michael Medina. Medina holds trademark registrations for “Loisaidas” and filed an infringement suit more than the movie, which consists of eight episodes between four and 12 minutes about a violent turf war for handle of the Reduce East Side’s drug enterprise. Portions of the movie are set to music, which include a single character who raps he is “from Loisaidas.” There are other such references in the perform including the initial episode when “Loisaidas” fills the screen following a character is killed.
The plaintiff contended the get the job done was a music video, that the use of “Loisaidas” was arbitrary and that West and Dash had been conscious of the Latin band when deciding to use it. The defendants regarded as their operate to be a movie. U.S. District Judge Katherine Forrest dismisses the complaint by applying the “Rogers test,” which emanates from an 1989 appellate decision above Federico Fellini’s 1986 film Ginger and Fred. To adhere to Very first Amendment values, judges in scenarios like these are to examine whether or not use of the mark has artistic relevance, and if it does, regardless of whether the perform in question is explicitly misleading.
Right here, she applies the “Rogers check” at the extremely early movement to dismiss phase which addresses no matter whether a plausible declare has been pled rather than a likely later phase testing factual allegations. The judge says the Loisaidas movie title “clearly has artistic relevance” and that Medina’s complaint “is devoid of concrete allegations that defendants attempted to suggest that plaintiff’s duo generated the operate to the contrary, as evidenced by Exhibit D to the operative complaint, elements marketing the film prominently informed the reader that it was ‘Executive Made: Dame Dash & Kanye West.’” Medina “is entitled to guard his duo’s trademark, but not by staking his declare to a pre-present phrase and then attempting to remove all expressive, non-explicitly-misleading uses from public circulation,” Forrest writes.
West was represented by Brad Rose at Pryor Cashman, even though Dash was represented by Natraj Bhushan at Turturro Law.