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EASTLAND MUSIC v. LIONSGATE ENTERTAINMENT

No. 12-2928.

707 F.3d 869 (2013)

EASTLAND MUSIC GROUP, LLC, and Raynarldo Whitty, Plaintiffs-Appellants, v. LIONSGATE ENTERTAINMENT, INC.; Summit Entertainment, LLC; and Mandate Pictures, LLC, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 21, 2013.

Attorney(s) appearing for the Case

Ronald A. DiCerbo , Gerald C. Willis (argued), Attorney, McAndrews, Held & Malloy, Chicago, IL, for Plaintiffs-Appellants.

Tom J. Ferber (argued), Attorney, Pryor Cashman, New York, NY, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and FLAUM and ROVNER, Circuit Judges.

EASTERBROOK, Chief Judge.

Eastland Music Group is the proprietor of the rap duo Phifty-50, which, according to its web site www.phifty-50.com, has to its credit one album (2003) and a T-shirt. Eastland Music has registered "PHIFTY-50" as a trademark. It also claims a trademark in "50/50" and contends that Lionsgate Entertainment and Summit Entertainment infringed its rights by using "50/50" as the title of a motion picture that opened in 2011.

The district...

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