Case 3

Radical Records Ltd v. Lollipop Productions, Radikal Records, Jurgen Korduletsch, BMG/RCA, CEMA Special Markets, A Division of Capitol Record, Inc., Quality Records and Warlock Records

U.S. District Court, Southern District of New York (Case No. 1:95-CV-04817) 

Successfully represented Plaintiff, a "first comer" recording label, against a "second comer" international recording company in a trademark action where Defendant was alleged to have continuously engaged in a conscious, intentional, and systematic pattern of trade dress infringement, service mark, trademark and tradename infringement, dilution, unfair competition and false and misleading statements to damage Plaintiff's business.

On June 27, 1995 Gale Elston, attorney for plaintiff Radical Records LTD., brought an action in the USDC, Southern District of NY, against defendants Lollipop Productions, Inc., Radical Records, and Jurgen Korduletsch for (i) false representations and false designation of origin, (ii) infringement of state trademark registration and unfair competition, (iii) injury to business reputation and dilution, (iv) trade name infringement, (v) unfair completion, (vi) common law trademark infringement, (vii) common law unfair competition. Plaintiff sought compensatory damages and injunctive relief that would require defendants to refrain from using service marks, trademarks, tradenames or trade dress in connection with the advertisement, promotion, offering or rendering of retail services that imitate or simulate Plaintiff’s service marks, trademark, tradename or trade dress, specifically any variant of Radical Records.  Outcome The case was voluntary dismissed with prejudice because parties filed a stipulation of dismissal. The Court granted the motion on August 16, 1996 .

Nature of Suit: Property Rights and Trademark

Key Nature of Suit: Intellectual Property; Trademark/Tradename

Cause: 15 USC 1125 Trademark Infringement (Lanham Act)