[rumori] Survivor Loses Preliminary Motion for TRO

From: H. (hATweirdness.com)
Date: Thu Aug 24 2000 - 20:45:08 PDT

Survivor Loses Preliminary Motion for TRO
written on Aug 24, 2000, 08:59PM by -X-

Founder of the rock band Survivor lost a preliminary motion for a temporary
restraining order (TRO) in a trademark dispute with CBS Corp. & TVT Records

It seems Franklin M. Sullivan III, Survivor's lead guitarist, is not too
pleased with the TV show “Survivor” using a trademark they own in TV series
soundtrack, and wishes to force CBS to stop using it in the soundtrack which
will be released Aug 29th.

Here is the best part of all of this, Sullivan trademarked the term Survivor
in 1977, and is the sole owner of the term’s copyright.

Survivor is most famous for producing the classic “Eye of the Tiger” theme
song for the movie Rocky III, and had a few hits back in the late 70’s and
early 80’s. Not too much has been heard from the band’s members recently
until this lawsuit however.

“This is only the first step in a long process to acknowledge our client's
claim regarding the defendants' unauthorized use of the Survivor trademark.
After 23 years of selling and performing music in the marketplace, Mr.
Sullivan has rights to the famous trademark, Survivor. Even in the Rocky
movies, Rocky lost the early rounds, but we are confident that Mr. Sullivan
will be the ultimate winner.” - Annette M. McGarry, the lawyer with Wildman
Harrold who is representing this case for Mr. Sullivan.

“It's unfortunate that after 23 years of building, promoting and protecting
the name of our band, someone can suddenly come along and release a
recording that uses our name and take away everything we have worked for.
This isn't a band. This is my life and this is my livelihood.” - Franklin M.
Sullivan III

A preliminary injunction hearing in U.S. District Court on this matter is
set for Friday, September 8.

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