Color Me Badd founding members in court over band name dispute

02 Tuesday Jul 2019

Posted by Kenan Farrell in Entertainment Law, Indiana, Intellectual Property, Litigation, Musicians, Southern District of Indiana, Trademark

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Breach of Fiduciary Duty, Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition

Two members of the formerly popular R&B group “Color Me Badd” are in a lawsuit in the Southern District of Indiana over the ability of one member to continue using the band’s name in his ongoing solo career.

The named Plaintiff, Bryan Abrams, and Defendant, Mark Calderon, have a recent history of quarreling, including a physical altercation on stage in 2018 that led to Abram’s arrest.

In this lawsuit filed on Monday, July 1, Abrams is challenging Calderon’s ability to use the Color Me Badd name for his solo career, while Calderon (via his attorney) maintains that “Mr. Calderon and Mr. Abrams have equal right to use and exploit the mark provided each party accounts to the other for such use.”

Check out the Complaint (below) for a more detailed history of the parties and Color Me Badd. Stay tuned for updates to see how the parties resolve their band name dispute.

CMB Entertainment, LLC et al v. Mark Calderon and Pyramid Entertainment Group, Inc.

Court Case Number: 1:19-cv-02703-RLY-DML
File Date: Monday, July 1, 2019
Plaintiff: CMB Entertainment, LLC, Bryan Abrams
Plaintiff Counsel: James J. Ammeen, Jr. of Ammeen Valenzuela Associates LLP., Brian D. Caplan of Reitler Kailas & Rosenblatt LLC
Defendant: Mark Calderon, Pyramid Entertainment Group, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition, Breach of Fiduciary Duty
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Debra McVicker Lynch

Complaint:

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DJ Performance Agreements

06 Wednesday Mar 2019

Posted by Kenan Farrell in Artists, Business Law, Entertainment Law, Intellectual Property, Just for Fun, Musicians

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A good DJ will impart a sense of feeling, rythym and happiness on a party.

In order to ensure that their own business also runs as smooth and happily as the dance floor, DJs providing services for venues should use a performance agreement in securing a set and, importantly, the payment. Here are some key questions to consider for your DJ performance agreement:

Have you made sure the venue can understand the provisions of the contract?
Have you communicated to the venue the minimum deposit needed to bind the terms of the agreement?
Have you communicated to the venue that they are obligated to pay you if the set is cancelled on the performance date?
Have you discussed the conditions that release both parties from the agreement?
Have you communicated to the purchaser regarding terms of your deposit and the remaining balance?
Have you discussed with the venue about advertising control of your show?

Go back and review your performance agreement with the above questions in mind. If you’re uncertain, contact an entertainment attorney for a professional review of your agreement.