Intellectual Property Law

Hendrix Clan Settles Trademark Lawsuit; Plaintiffs Get Injunction and $3.2 Million

By Michael Atkins

Does this mean the parties have made nice?

Probably not, but on Feb. 12, the Western District entered a stipulated Supplemental Judgment and Permanent Injunction ending the Hendrix family’s trademark dispute in Experience Hendrix, LLC, v. Electric Hendrix, LLC. Judge Thomas Zilly entered the order pursuant to the parties’ settlement and voluntary dismissal of Electric Hendrix’s Ninth Circuit appeal.

The settlement appears to give Janie Hendrix (the adopted daughter of Jimi’s Hendrix’s father) and the Hendrix family’s licensing company a total victory over the upstart vodka company owned in part by Leon Hendrix, Jimi’s brother.

STL’s discussed this case a lot, as it’s been one of the more exciting trademark fights around these parts in a while. (See posts on case highlights from March 7, 2007, Aug. 9, 2008, and September 9, 2008.)

In the end, the Electric Hendrix defendants agreed to judgment in favor of the Experience Hendrix plaintiffs, jointly and severally, in the amount of $3,200,000.

The Electric Hendrix defendants also agreed to be permanently enjoined from using, advertising, registering, applying to register, or challenging the validity of plaintiffs’ trademarks, including HENDRIX, AUTHENTIC HENDRIX, EXPERIENCE HENDRIX, and JIMI HENDRIX. The order also permanently enjoins the defendants from making any use of marks that are confusingly similar to the plaintiffs’ marks, and from selling any product that purports to have any connection with Jimi Hendrix, the plaintiffs, or the Hendrix family.

The parties apparently inked their settlement agreement in mediation on Dec. 29, 2008, before the Ninth Circuit decided Electric Hendrix’s appeal.

The case cite is Experience Hendrix, LLC v. Electric Hendrix, LLC, No. 07-338 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on February 17, 2009 (boomark / email).