[Upd-discuss] Jewish Rock-n-Roll Hall of Fame sued over trademark violation

[Robert Weissman]

Rock museum sues to stop Jewish rock Web site
Wed February 9, 2005 7:22 AM GMT+05:30

By Arthur Spiegelman

LOS ANGELES (Reuters) - The Rock and Roll Hall of Fame and Museum is all 
shook up -- or as they might say in Yiddish, all "verklempt" (upset) -- 
over the name for a virtual museum celebrating the Jewish contribution 
to rock music.

The Cleveland-based museum has asked a federal judge to stop two 
journalists and a radio company executive from putting up a Web site 
called the Jewish Rock and Roll Hall of Fame, saying the site will 
infringe on the original's trademark name and that the public would 
confuse the two.

But the people behind the Web site said they cannot understand why the 
Rock and Rock Hall of Fame is making such a "tsimmes" (Yiddish for big 
deal) over their plans to celebrate the exploits of such diverse talents 
as Bob Dylan, Billy Joel, some of the Ramones, Lou Reed and Elvis 
Presley's tailor, "Nudi" Cohen.

Their nonprofit Web site, which is not up and running yet, plans to 
publish articles on the Internet about Jews who rock.

In a lawsuit filed in federal court in Cleveland, the museum said 
journalists David Segal, Jeffrey Goldberg and radio executive Allen 
Goldberg "misappropriated Rock Hall's substantial intellectual property 
rights as well as the goodwill associated therewith. Unless restrained 
... by the court, such conduct will, permit defendants to gain an unfair 
advantage over Rock Hall."

It said the Cleveland museum has suffered irreparable harm and was 
seeking damages in excess of $100,000.

'THEY DON'T OWN THE JEWS'

Regan Fay, a lawyer for the Rock and Roll Hall of Fame, which has 
attracted 5.5 million visitors since opening in 1995, said calling 
something the Jewish Rock and Roll Hall of Fame was going to confuse people.

"I don't think people would know the difference (between the two). We 
have a lot of Jewish rock and rollers in the Hall of Fame. ... It's like 
saying the Jewish Oscars or the Jewish Football Hall of Fame," he said, 
adding:

"It is a well-known trademark principal that putting your name in front 
of another name is a trademark infringement, like you can't call 
something a Jewish McDonald's because then people would think it is 
McDonald's that is kosher."

In court papers, the Hall of Fame said it has honored "numerous 
performers, songwriters and producers with Jewish heritage" including 
"Cleveland's own Alan 'Moondog' Freed," a disc jockey who helped 
popularize the music.

Jeffrey Goldberg, Washington correspondent for the New Yorker, said, 
"Speaking as a layman, I don't think they own rock and roll and I don't 
think they own the phrase 'Hall of Fame' and I know for sure they don't 
own the Jews."

Segal, a Washington Post reporter and former rock critic for that paper, 
said, "The ideas that anyone would confuse a large museum with a Web 
site run by a couple of Jewish guys with a computer is amazing to me, 
especially since it isn't even up yet."

Segal said the Web site would include articles about Jews in rock and 
roll, from record company executive Clive Davis to singer Bob Dylan to 
tailor "Nudie" Cohen, who designed suits for Elvis and Hank Williams. 
One piece would analyze references to the torah in Dylan's lyrics.

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Rock and Roll hall sues Jewish rock hall
Suit alleges trademark infringements on rock hall's name
The Associated Press
Updated: 8:48 p.m. ET Feb. 8, 2005

CLEVELAND - The Rock and Roll Hall of Fame has sued the online Jewish 
Rock and Roll Hall of Fame over alleged trademark infringements of the 
rock hall’s name.

The lawsuit filed Monday in Cleveland seeks to halt the use of the name 
Jewish Rock and Roll Hall of Fame and award the Cleveland rock hall 
unspecified damages. The lawsuit claims the rock hall has sold more than 
$5 million in licensed items in the past 10 years, and the Jewish rock 
hall jeopardizes that brand.

David Segal, a writer for The Washington Post and one of founders of the 
Jewish rock hall, said backers plan to launch the new Web site next 
month. The Jewish rock hall’s site showed a single message Tuesday: 
Future Home of JewsRock.org.

“The idea that the public could possibly be confused between a large 
museum backed by any number of corporations and a Web site run by a 
couple of Jewish guys is kind of nuts,” he said.

Jeffrey Goldberg, a writer for The New Yorker magazine and another 
Jewish rock hall founder, called the organization “a little Web-based 
exercise in ethnic pride.”

“It seems to be improbable that these people own ’rock ’n’ roll,’ it’s 
entirely unlikely they own the phrase ’hall of fame,’ and I know for 
sure they don’t own the Jews,” Goldberg said.

Segal and Goldberg are both named as defendants in the suit, along with 
the other Jewish rock hall founder, XM Satellite Radio executive Allen 
Goldberg.

According to the lawsuit, the U.S. Patent and Trademark Office last 
month denied the Jewish rock hall’s application for a trademark on its 
name based on the likelihood of “confusion with the Rock Hall” trademarks.

Following the ruling, the rock hall demanded the Jewish rock hall stop 
using its trademarks, similar logos and the words “Jewish Rock and Roll 
Hall of Fame,” but the Jewish rock hall refused.

The Rock and Roll Hall of Fame and Museum opened in 1995 in an glass 
pyramid building alongside Lake Erie. It has attracted more than 5.5 
million visitors.