QUESTION
Can we file a case if a local club is advertising that our band will be playing in their event even though we're not?
Asked on Aug 06th, 2013 on Entertainment Law - Florida
More details to this question:
I play guitar in a popular band (musical tribute group). A local club is advertising we are playing on their dot-com website, their facebook, and a ticket service where you can buy tickets via credit card to the event. This club is using our photos, our band name and logo, our band members real names, and a promo video clip which again shows our band name and band members names. We are not performing at this show, and have never discussed it and do not have a contract to play there. We have placed 3 phone calls to the owner who basically told us he can put whatever he wants on his website. He refuses to take the ads down. The club is trying to sell tickets using our good-name, but in reality another band will be performing that night. A bait-and-switch if you will. Do we have a case for small claims court? I understand there must be some kind of damages to file a small claim? Our fee to perform is $1200, can I claim that? They are selling advanced tickets using our name for a performance we will not ever be making.
4 ANSWERS
Get an attorney to immediately send a "cease and desist" letter to the club owner and insist on both removal of all promotion featuring your band as well as a public announcement that you won't be appearing. If the owner refuses, head directly to district court for a temporary injunction followed by a suit against the owner. Your damages are much larger than the fee you mention. The club owner is deliberately commiting fraud as well as harming the band's good name and using your names and likenesses without permission. Be sure to post a notice that the band will not be performing at this event on your own website, social media, etc. And contact any media outlet that promotes oreven mentions the concert to let them know the band won't be appearing.
Answered on Aug 07th, 2013 at 5:07 PM
3 Awards
The club is violating your rights, so yes, you can sue, but the worst damage will be your reputation, and that will be hard to receive compensation for. The most effective remedies will involve calling the ticket service to inform the ticket service, and posting something on the Facebook site, informing the public as nicely as possible (don't put your customers in the middle of the fight) that your group will not be appearing at this event, as you were not booked for it, but that you hope that they can attend your next event at. If your group has a website or Facebook page, you should inform your supporters there, as well, but again, be nice about it customers hate being stuck in the middle of a dispute, and usually both sides lose. You may want to contact a local intellectual property lawyer, as there are a lot of potential claims here, and you need some very fast action.
Answered on Aug 07th, 2013 at 2:43 PM
This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.
Susan Marie Basko
This is false advertising and may also violate your rights in other ways. False advertising is a crime, and it is illegal to advertise things that are not true. The man can go to prison for doing this. You should try to get your name off of this asap. Take screen shots of all of it, so you have evidence. Contact the State Attorney General's office and say you need to file a complaint. Also, contact the venue where this is supposed to happen and say it is not true. Do this today. Also contact the ticket company and say it is false information. Do this also today. File a quick online complaint with Facebook asking to have the photos deleted for Copyright violations and whatever other violations you feel are suited. File with the ISP and say the site is using your name and photos for this false advertising. Waiting to go to Small Claims Court is not good enough, because your reputations and the reputation of the band will be destroyed if you do not act now. Worry about whatever damages have been incurred later, but for now, you must try to solve the issue at hand, which is stopping the false advertising. I strongly suggest you hire a lawyer to assist you.
Answered on Aug 07th, 2013 at 1:24 PM
You should contact an attorney immediately. This is not a matter for small claims court. You have a good case on a number of fronts not least of which is copyright infringement. Your damages could go much higher since using your name and image for a bait and switch scam can harm your reputation and career. You should have an attorney send a cease and decease letter to the club ASAP.
Answered on Aug 07th, 2013 at 9:47 AM