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Ninth Circuit Upholds WA State Publicity Rights Amendment
The U.S. Court of Appeals for the Ninth Circuit upheld the constitutionality of Washington's publicity rights law in a trademark dispute over the rights to singer and guitarist Jimi Hendrix's name and likeness. Experience Hendrix LLC v. Hendrixlicensing.com Ltd., 11-35858.
Experience Hendrix LLC, the Seattle company owned by Hendrix's family members, claimed in a 2009 suit that Hendrixlicensing.com LLC and its owner, Andrew Pitsicalis, were licensing merchandise in violation of its trademarks. Pitsicalis asked for a declaratory judgment that Experience Hendrix could not bring claims under Washington's Personality Rights Act, Wash. Rev. Code ”63.60.010-63.60.080. Although it hadn't sued under the act, Experience Hendrix had done so unsuccessfully in the past ' but the law was amended to grant post-mortem publicity rights regardless of where a person lived or died. Hendrix died in New York in 1970.
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