The unique Woodstock was a three-day music competition crammed with medication, intercourse and mayhem that outlined a technology identified for its deep mistrust of authority. However 50 years later, the house owners of the competition identify are getting an help from a federal decide.
Energy to the individuals, certainly.
On Monday, U.S. District Decide Paul Gardephe mentioned that Woodstock Ventures, which produced the 1969 competition, may certainly license its identify to create a marijuana model commemorating the live performance’s golden anniversary this summer time. In doing so, Gardephe rejected a declare that the cannabis model would infringe on Woodstock Roots, an organization that does enterprise as “Woodstock American Merchandise” and that sells a wide range of hemp-related merchandise.
In his ruling, Gardephe mentioned that the commemorative marijuana merchandise model sought by Woodstock Ventures are “completely different” than the cannabis-related “people who smoke articles” supplied by Woodstock Roots. Woodstock Ventures merchandise “all contain using leisure marijuana, whereas [Woodstock Roots] have expressly disavowed the notion that their merchandise are meant to be used with leisure marijuana,” the decide mentioned in his ruling.
“Accordingly, even when the events’ merchandise are marketed via the identical or related commerce channels, this reality doesn’t recommend a chance of confusion, as a result of [Woodstock Ventures’] merchandise both represent or are meant to be used with leisure marijuana, whereas [Woodstock Roots’] ‘people who smoke’ articles” aren’t meant to be used with leisure marijuana,” Gardephe wrote.
Gardephe cited the 2008 trademark dispute of Constellation Manufacturers, Inc. v. Arbor Hill Assocs., Inc, which centered round two completely different alcoholic drinks with related names: Constellation’s “Arbor Mist” and AHA’s “Arbor Hill.” Gardephe famous that the decide in that case “dominated two alcoholic drinks bought in related channels aren’t associated as a result of ‘the character of the 2 merchandise is clearly completely different, since Arbor Hill is conventional desk wine, whereas Arbor Mist is a mixture of wine and fruit juice, with a decrease alcohol content material than most wine.’”
In denying Woodstock Roots’ movement for a preliminary injunction, Gardephe additional famous that the corporate had “not demonstrated a chance of success on their trademark infringement claims.” The case was filed within the Southern District of New York.
For Woodstock Ventures, the ruling was a uncommon vivid spot in its efforts to rejoice the 50th anniversary of America’s most well-known music competition. In January, the corporate introduced plans to carry “Woodstock 50” in Watkins Glen, New York. The live performance, slated to be held in mid-August, booked some top-tier acts in March, with the likes of Jay-Z and The Killers anticipated to headline together with quite a lot of performers from the unique competition.
However the live performance has develop into a rolling calamity, as organizers did not safe the mandatory permits from the state of New York and finally noticed performers again out. However, for now, the present is predicted to go on—albeit in a distinct state. Organizers introduced that the competition, scheduled for August 16-18, will relocate from New York to Merriweather Submit Pavilion in Columbia, Maryland.