The parties are bogging down, as the whyte ppl/country act's lawyers try to interpose objections not based in any case law, as to requests from Ms. White, as to the earnings and bookings of the country act, over the past twelve or more years. She is entitled to see that, without any reasonable doubt, under applicable federal common law on copyright and trademark.
And so, I will aver -- this (linked email chain) is IMHO what comprises the worst of "corporate-types'" litigation -- unduly pedantic, not based in any legal holding (trying to delay / throw sand in the gears / object to third party subpoenas, for plainly relevant documents, from the country act's management / agent). Cooley is taking the high road, but a street fight may loom in Nashville, soon.
Let us not forget: the wealthy, world famous country act sued Ms. White, not the other way around. She has every right under her counterclaims, to probe the amount of damages she is owed, for a reasonable royalty, on the country act's long infringing use -- of her real, and prior in time, musical stage name -- to make money off. . . her stage name.
. . .As to Red Light Management, we [the REAL Lady A's lawyers, at Cooley] do not consent to a blanket 14-day extension for them “to respond.” However, if Red Light Management is in the process of collecting and reviewing documents, we can work with them on the timing of a production. . . .
The REAL Lady A will prevail, Condor predicts. Anita White will retain her exclusive nationwide right to perform under her real name, based on pre-existing -- prior in time -- common law copyright and trademark law claims. The country act will need to pay up, and "bigly so", in favor of Ms. White -- in order to keep using the shortened version trademark it seeks. Or, it may switch -- to another mark. But it will still owe her for the prior 12 or so years of unauthorized use.
नमस्ते
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