Miller v. Glenn Miller Productions, Inc.

Steven and Jonnie Miller, adopted children of Helen Miller, wife of the world-renowned bandleader Glenn Miller, and their exclusive licensing agent CMG Worldwide Inc. (collectively “Appellants”) appeal from the district court’s order granting defendant Glenn Miller Productions, Inc. (“GMP”) summary judgment and dismissing their complaint on the basis of laches. See Miller v. Glenn Miller Prods., 318 F.Supp.2d 923 (C.D.Cal.2004). GMP cross-appeals the district court’s determination that it is engaged in unauthorized sublicensing. In his well-reasoned opinion, District Judge A. Howard Matz ruled that a licensee of trademark and related publicity rights may not sublicense those rights to third parties without express permission from the original li-censor. Id. at 939 . We agree with this extension of the well-established “subli-censing rule” from copyright and patent law to the licensing of trademark and related publicity rights such as occurred here, and with the district court’s reasons for extending the rule. The district court also correctly ruled, however, that Appellants are barred by the doctrine of laches from taking legal action now, based on undisputed evidence establishing…