Jimi Hendrix’s brother violated trademark ordinance



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Tina Hendrix tells Billboard that her family are “devastated and disappointed with the judge’s decision and I firmly believe that it was incorrect and unfair for several reasons”.

The contempt decision against Leon and Tina Hendrix follows a long legal battle that began in 2017 when Experience Hendrix LLC – the sole owner of the musical compositions, sound recordings, copyrights and trademarks of the latest rocker – and Authentic Hendrix LLC, the licensing arm for Hendrix, has filed an infringement complaint. Experience and Authentic Hendrix sued Leon Hendrix and a business associate for trademark infringement, deceptive acts, and false advertising, among other allegations.

In October 2019, the court issued a permanent injunction against Leon Hendrix and his companies, concluding that they had worked to create ‘the illusion of an empire of’ genuine ‘Jimi Hendrix’ products, including[d] cannabis, edibles, food, wine, alcohol, “drugs” and electronics, “according to court documents.

The following July, the court formally adopted the injunction in favor of Experience Hendrix, LLC and Authentic Hendrix, LLC, and against “Leon Hendrix, its companies,” . . the partners, . . And a judgment of $ 402,018.53 against Leon. But just three months later, Experience and Authentic Hendrix told the court that Leon and Tina Hendrix violated the court’s permanent injunction order.

“Experience Hendrix only seeks to deprive Jimi Hendrix’s closest relatives of being part of his legacy at any cost, for no other purpose than corporate greed and to publicly spread misinformation that they are the only family.” by Jimi. [when] in fact, they are not, ”continues Tina Hendrix. “This battle is not about money, but the right to use my own family birth name for charitable purposes. It’s more a matter of freedom of speech and our rights are violated by this order and the order preceding this case, which was a default judgment against my father. “

She adds: “I am amazed that the courts have sided with Experience Hendrix and denied us our right to use our own last name after a lifetime. It is a rare event. The plaintiff acquired the name Hendrix as a result of adoption and has used it ever since, solely to mine millions of dollars off Jimi Hendrix’s music, while using the proceeds to eliminate biological family members from Jimi one by one, starting with Jimi’s own son, then Jimi’s brother and now his niece. I never took a dollar off my uncle running a free music school for kids. “

Despite the fact that the court prohibited Leon from using “the name ‘Jimi Hendrix”, the name “Jimi”, the name “Hendrix” in any configuration. . . ; all trademarks or pending trademarks of Hendrix. . . ; or any image, likeness or signature of Jimi Hendrix. . . in any way, including, but not limited to, selling, naming, identifying, offering for sale, marketing, labeling, packaging, promotion, distribution or advertising any product or service, or in connection with goods and services, ”he then indicated in an interview for the purposes of advertising and promoting the sale of an alleged Jimi Hendrix guitar, according to court documents.

Further, the court said Leon and Tina Hendrix organized and sponsored a benefit to raise funds for their nonprofit “Jimi Hendrix Music” and sold an accompanying Jimi Hendrix t-shirt on their website with an image of Hendrix on the front and a Hendrix quote, followed by a protected Jimi Hendrix signature on the back.

While Tina Hendrix argued in oral argument that the money raised for the HMA academy was intended for a nonprofit charity, the court said that the nonprofit status does not release it from its obligation to comply with the permanent injunction. Engelmayer also ordered Leon to pay opposing attorney’s attorney fees and said if he and Tina Hendrix did not comply, a further fine could also be imposed, stating that Leon “was carrying the keys. from his prison in his own pocket. “

Tina Hendrix tells Billboard, “I am only looking to educate children about Jimi and use his name for non-profit purposes. My grandfather gave us this right in 1988. Everything we got from Jimi fans went to the students and their families. We have proudly served many families in need in honor of Jimi over the past decade. This work never interfered with the business or profits of Experience Hendrix, it only interfered with their lies. We are desperate for pro Bono legal advice right now and intend to fight this until the end. We have been and have always been known as the Hendrix family since my father was born in 1948. Why should we be silenced and prevented from telling our family story when only we can tell it? ? It is an example of how history is rewritten to accommodate lies based on greed and to spread misinformation as fact.

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