The Real Lady A Trademark/Tradename Infringement Suit Awaits A Decision In Nashville Federal District Court...

Just an update on the litigation in which the Real Lady A, Anita White, a black blues artist out of the Pacific northwest, seeks to keep her own real name -- in her musical career, over the objection of a very well heeled (Nashville based, white) country act. That country act started using Ms. White's stage name -- about a decade after the original blues artist first did so.

Here is the bit -- and the full seven page opinion out of Seattle's federal courthouse:

. . .Indeed, if the Tennessee court concludes that it lacks personal jurisdiction over Plaintiff [Ms. Anita White, the blues artist] or that the declaratory action is improper gamesmanship by Defendants, dismissal or transfer of this case under the first-to-file rule may be inappropriate. Alternatively, if Judge Campbell denies Plaintiff’s motion and allows the action to proceed in the Middle District of Tennessee, this Court may find proper basis to apply the first-to-file rule and dismiss or transfer this case. The proper course of action, therefore, depends on the outcome of Plaintiff’s motion to dismiss in the Tennessee Action. . . .

In an effort to persuade this Court of the proper or likely outcome in the Tennessee Action, parties have used the instant motion to brief their arguments on Plaintiff’s pending motion before Judge Campbell. However, Plaintiff’s likelihood of success is not indisputable. Indeed, the complexity of these jurisdictional issues is evidenced by Judge Campbell’s order for jurisdictional discovery to assist with his analysis. . . .

Again, for the second time today -- we will need to be patient. Nothing really of substance has come out of the Tennessee courts in a few months. But we will keep a weather eye on that one. . . smile.

नमस्ते