Ronnie Van Zant, Inc. v. Pyle
Decision Date | 23 August 2017 |
Docket Number | 17 Civ. 3360 (RWS) |
Citation | 270 F.Supp.3d 656 |
Parties | RONNIE VAN ZANT, INC., et al., Plaintiffs, v. Artimus PYLE, et al., Defendants. |
Court | U.S. District Court — Southern District of New York |
Attorneys for Plaintiffs, OTTERBOURG P.C., 230 Park Avenue, New York, NY 10169, By: Richard G. Haddad, Esq., Sandor Frankel, Esq., Pauline McTernan, Esq.
Attorneys for Defendants Cleopatra Records, Inc. and Cleopatra Films, MANDEL BHANDARI LLP, 80 Pine Street, 33rd Floor, New York, NY 10005, By: Evan Mandel, Esq., Robert Glunt, Esq.
Attorney for Defendant Artimus Pyle, Defendant, pro se, Artimus Pyle, 103 Kennedy Street, Black Mountain, NC 28711
Sweet, D.J.
This action was tried before the Court between July 11 and July 12, 2017. Based upon all the prior proceedings, the findings of fact, and conclusions set forth below, judgment will be entered in favor of Plaintiffs Ronnie Van Zant, Inc., Gary R. Rossington ("Rossington"), Johnny Van Zant, Barbara Houston, as the Trustee of the Allen Collins Trust, and Alicia Rapp and Carinna Gaines Biemiller, as the personal representatives of the estate of Steven Gaines (collectively, the "Plaintiffs"), granting a permanent injunction against Defendants Cleopatra Records, Inc. ("Cleopatra Records"), and Cleopatra Films (together with Cleopatra Records, "Cleopatra") and award of costs and attorneys' fees against Cleopatra and Artimus Pyle ("Pyle," and together with Cleopatra, the "Defendants"). In addition, Plaintiffs' motion for an adverse inference is granted, and Cleopatra's motions for summary judgment and judgment as a matter of law are dismissed as moot.
Lynyrd Skynyrd was a rock band formed in Jacksonville, Florida in the 1960s. (Tr. 8:4–19.1 ) The band's founding members were Ronnie Van Zant ("Van Zant"), Rossington, and Allen Collins ("Collins"). (Tr. 8:20–22, 69:25–70:1.) Pyle joined as the band's drummer in 1975. (Tr. 11:4–7, 70:2–6.) During the 1970s, Lynyrd Skynyrd became a popular band, selling millions of albums and writing classic songs such as "Sweet Home Alabama" and "Free Bird." (Tr. 10:2–11:2.) During this period, Van Zant was the band's lead singer and primary songwriter. (Tr. 11:12–24.) The band's final album, entitled "Street Survivor," was released in 1977. (Tr. 10:16–22.)
On October 20, 1977, the plane in which the band and its support team were traveling crashed in Mississippi. (Tr. 12:4–12.) As a result of the plane crash, Van Zant, Gaines, Gaines' sister, a member of the support crew, and the plane's two pilots died. (Tr. 12:4–13:2.) The remainder of the plane's passengers, including Rossington and Pyle, were critically injured but survived. (Tr. 14:9–21.)
In the aftermath of the crash, Rossington, Collins, and Van Zant's widow, now Judy Van Zant Jenness ("Jenness"), entered into what has since been termed a "blood oath," under which the three of them decided that no one would ever perform as Lynyrd Skynyrd again. (Tr. 15:4–24.) Gaines' widow, now Teresa Gaines Rapp ("Rapp"), and band keyboardist Billy Powell also witnessed the blood oath. (Tr. 15:14–17.) For ten years, former band members performed with other bands and under other band names, but no performances took place under the name "Lynyrd Skynyrd." (Tr.15:25–16:6.)
In 1987, to commemorate the ten-year anniversary of the crash, the band's surviving members reunited for a tribute tour to Lynyrd Skynyrd. (Tr. 16:7–18.) Jenness and the band members on the tribute tour disputed the use of the Lynyrd Skynyrd name, which culminated in a lawsuit, Grondin et ano. v. Rossington et al., 690 F.Supp. 200, in which Jenness sought to enjoin the use of the band's name in performance (the "1988 Action"). (Tr. 16:23–17:15.) On October 11, 1988, the 1988 Action was resolved by the parties' entry into a Consent Order, Judgment, and Decree . ) (Tr. 17:19–18:13.) Pyle, a defendant in 1988 Action and who was represented by counsel throughout the lawsuit and during the signing of the Consent Order, was one of the Consent Order's signatories; he described the aftermath of the Consent Order as everyone "on the same page" and everything was "copacetic," although he also notated adjacent to his signature on the Consent Order the words "Under Protest." (Consent Order, at 30; Deposition Transcript of Artemis Pyle dated June 20, 2017 ("Pyle Dep.") 25:8–15, 29:2–21, 30:10–23, 34:13–16.)
The Consent Order set forth, amongst many things, restrictions as to how the parties in the 1988 Action could use the name Lynyrd Skynyrd, the name, images and likeness of Van Zant and Gaines, or the history of Lynyrd Skynyrd. As relevant to the instant litigation, the Consent Order contained the following provisions:
Following the Consent Order, the surviving members of Lynyrd Skynyrd, including Pyle, continued to perform under the "Lynyrd Skynyrd" name. (Tr. 19:8–18; Pyle Dep. 34:3–24, 41:23–43:3, 104:18–105:16.) Pyle ceased performing with the surviving Lynyrd Skynyrd band in 1991, at which point he signed a termination agreement. (Tr. 19:19–25; Pyle Dep. 35:21–37:24; see Pls.' Ex. 61.)
While the conditions of the Consent Order were to distinguish between the pre-crash and post-crash band and avoid confusing the fans, not every provision has been consistently followed since 1988. (Tr. 24:16–19.) Since around 1992, the band has performed using the name Lynyrd Skynyrd but not in accordance with the Date Requirement provision of the Consent Order, a provision that stopped being followed after the still-performing band members asked Jenness and...
To continue reading
Request your trial-
In re Correra
...F.3d at 591 (citing Kronisch v. U.S., 150 F.3d 112, 126 (2d Cir. 1998) ).253 Toth , 2009 WL 528245, at *1.254 Ronnie Van Zant, Inc. v. Pyle , 270 F.Supp.3d 656, 669 (S.D.N.Y. 2017) (citing In re NASDAQ Mkt. Makers Antitrust Litig. , 169 F.R.D. 493, 530 (S.D.N.Y. 1996) ).255 Silvestri , 271 ......
-
Hice v. Lemon
...... Orbit One Commc'ns, Inc. v. Numerex Corp. , 271. F.R.D. 429, 435 (S.D.N.Y. 2010). Rule 37(e) ... explanation for” tampering with the evidence);. Ronnie Van Zant, Inc. v. Pyle , 270 F.Supp.3d 656,. 670 (S.D.N.Y. 2017), ......
-
Doe v. Wesleyan Univ.
......# 83]. Plaintiff hired. iDiscovery Solutions, Inc. (“IDS”) to extract. information from her iPhone and her laptop, ... could be evidence in a future litigation. See Ronnie Van. Zant, Inc. v. Pyle , 270 F.Supp.3d 656, 669 (S.D.N.Y. ......
-
Doe v. Wesleyan Univ.
......# 83]. Plaintiff hired. iDiscovery Solutions, Inc. (“IDS”) to extract. information from her iPhone and her laptop, ... could be evidence in a future litigation. See Ronnie Van. Zant, Inc. v. Pyle , 270 F.Supp.3d 656, 669 (S.D.N.Y. ......