Live Nation: Clothing Not Optional

A lawsuit between Live Nation, among others, and the publishing company for Rolling Stone has been resolved.

F.E.A. Merchandising, Live Nation Merchandise, and Bravado International Group Merchandising Services filed suit against Wenner Media and Hybrid Apparel Sept. 2009, claiming the defendants were infringing upon their merchandising rights.

Live Nation has the exclusive right to use Live Nation Artists’ names, trademarks, and likenesses on merchandise worldwide, according to the lawsuit. Bravado has a similar agreement with its artists, as does F.E.A.

It appears Rolling Stone found itself in the same murky sea that Wolfgang’s Vault splashed around in a few years ago: using artists’ likenesses on T-shirts, tote bags and posters is verboten without Live Nation’s OK.

“The images on the Infringing Merchandise are copies of Rolling Stone covers,” the lawsuit says, “but in each case, the respective Artist’s name, likeness and/or trademark is prominently displayed and is intended to be and is the selling tool for the product.”

The lawsuit sought judgment declaring the plaintiffs’ rights to the likenessess.

However, plaintiffs attorney Howard King told Pollstar, “The differences between the parties have been amicably resolved.”

Wenner Media asserted the merch was a First Amendment consideration because it was for noncommercial use in a promotional campaign.