Property, intangible

a blog about ownership of intellectual property rights and its licensing

Estate of Saunders v Estate of Garcia

According to the complaint, Merl Saunders and Jerry Garcia performed together as the Merl & Jerry Band. It was a partnership with equal shares. The two created Master Tapes, which were jointly owned but in the Garcia estate’s possession. Jerry Garcia’s estate released the recordings on an album (left) entitled Pure Jerry: Jerry Garcia & Merl Saunders Band, Keystone Berkeley September 1, 1974 after both men’s deaths. Merl Saunders’ estate is suing Jerry Garcia’s estate. Counts for false endorsement and unfair competition under the Lanham Act and state law, the right of publicity, for an accounting, for an injunction, and for declaratory judgment on the ownership of the Master Tapes.
Estate of Saunders v Estate of Garcia Complaint

News report here. See the album details here.

© 2009 Pamela Chestek

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