The REAL Lady A, Anita White -- Blues Artist, Will Litigate Her Right To Use Her Own Name On Stage, In The Nashville Federal Courts, For Now...

As is often true, the trial level civil federal courts favor people with deep pockets, on purely procedural matters. This is one of those times. [Ms. White should be able to defend herself, in a forum closer to her home. But no matter, she will prevail.]

Anita White, a resident of the State of Washington (and she has a pending federal civil action in Seattle, too -- but now that one will likely be stayed or transferred, to Nashville), is now going to be required to defend a suit brought by a multi-Platinum selling, all-white country band, on that band's home turf -- in Nashville. Ms. White will have to pay to have her witnesses, lawyers and herself flown into Nashville on a regular basis -- just to keep using her own name, in blues performances, locally around the northwest, and southeast US.

Here's this morning's 20 page USDC ruling -- and I expect Ms. White will win the right to keep using her common law trademark name, since it predates the country act's use by over a decade.

To say that the wealthy country act baited Ms. White into the courts in Tennessee is no exaggeration. And we do know that her now very able trial counsel (at the Cooley firm) has taken the matter, on a pro bono basis (should she lose). But if she wins, they will recover perhaps over a million dollars in attorneys' fees, from the country act and its record label -- since the evidence clearly supports a finding of willfulness, in the infringement (and chicanery to draw her into accepting Tennessee as a suitable forum).

Do stay tuned -- but in a year or so, we expect Ms. White will have prevailed. And if you want to help her, do go buy her recordings. Boycott the country act, as well. Onward, smiling -- on a perfect Friday afternoon. . . . with more bike footage ahead!

नमस्ते