Miller v. Glenn Miller Productions

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DISMISSING COMPLAINT.

This matter is before the Court on Plaintiffs’ Motion for Summary Adjudication and Defendant’s Motion for Summary Judgment.

FACTUAL BACKGROUND

The principal facts of this case are either undisputed or not genuinely disputed. Glenn Miller was a popular musician and band leader who formed the Glenn Miller Orchestra in 1938. During the 1930s and 1940s, Glenn Miller recorded and released sound recordings using his name and the name “Glenn Miller Orchestra.” On December 15, 1944, Glenn Miller was aboard an armed services airplane that crashed in the English Channel. One year later, he was pronounced dead. Glenn Miller’s last will and testament did not contain an express provision bequeathing his publicity rights, trademarks or other intellectual property rights. His widow, Helen Miller, inherited the residue of his will, which would include whatever intellectual property rights he had.

On either April 20, 1956 or April 23, 1956 , David Mackay, Sr. (Glenn Miller’s close Mend and lawyer during his lifetime) incorporated Glenn Miller Productions, Inc. (“GMP”). GMP’s Certificate of Incorporation specifies…