Posted by aubin
February 2, 2010 at 2:30 PM (EST)
According to a report from Law.com
, the lawsuit filed by Fucked Up
, Xiu Xiu
against Rolling Stone magazine has been dismissed. First launched in 2007
, the suit claims Rolling Stone and Camel misued the artists' names for commercial advantage (right of publicity) and takes them to task for unfair business practices. The suit stemmed from an editorial piece - "Indie Rock Universe" - which included colored-pencil-like graphics and the printed names of bands. The article was wrapped in four pages of ads featuring photographic collages that touted Camel cigarettes and the brand's support of independent record labels.
The suit was dismissed by a unanimous three-justice panel who found no evidence that R.J. Reynolds, Camel's parent company, influenced Rolling Stone's editorial content or decisions:
Simply put, there is no legal precedent for converting noncommercial speech into commercial speech merely based on its proximity to the latter. There is also no precedent for converting a noncommercial speaker into a commercial speaker in the absence of any direct interest in the product or service being sold.
Check out the story here.