Perez
REBELUTION, LLC v. Perez
Opinion
Opinion
Patel, J.
MEMORANDUM & ORDER
On August 27, 2009, plaintiff Rebelution, LLC, filed suit against various defendants alleging that defendants’ use of the term “Rebelution” constitutes, inter alia, trademark infringement and unfair competition under both federal and state law. Now before the court is defendants’ amended motion for summary judgment. Having considered the parties’ submissions and arguments, and for the reasons stated below, the court enters the following memorandum and order.
BACKGROUND
Plaintiff is a reggae band from Santa Barbara, California that blends traditional reggae with hip-hop and alternative rock music. Docket No. 1 (Complaint) ¶¶ 12-14. Since its formation in 2004, the band has used the name “Rebelution” when doing business in the United States and abroad. Id. Specifically, plaintiff has used the name in commerce in connection with downloadable musical sound recordings, pre-recorded compact discs, live performances, merchandising, clothing and other related products and services. Id. In addition, plaintiff has also used the name “Rebelution” in connection with the general advertising and promotion of its music. Id. ¶ 16.