Rolling Stone loses Round One in T-shirt case

By Eriq Gardner

A California judge won't dismiss a lawsuit alleging that Rolling Stone magazine violated trademarks and rights of publicity by taking cover images of famous musicians and slapping them on t-shirts.

Live Nation, F.E.A. Merchandising, and Bravado International Group filed the complaint in California district court in October claiming Wenner Media was hawking products featuring Nirvana, Beyonce and other musicians. The plaintiffs, repped by Howard King and his firm, have exclusive licensing deals with the artists and allege unfair competition. 

Not surprisingly, Wenner asserted a First Amendment and fair use defense, saying the merchandise was expressive non-commercial speech part of a "subscription promotion campaign."

Judge Valerie Fairbank ruled yesterday that she needed to see more evidence in the case, including examples of merchandise not submitted by the defendants. The judge also rejected the argument that the lawsuit was inadequately pled.

Here's the ruling.

Rolling Stone also is in the midst of a battle with 185 indie rockers alleging misappropriation of likenesses for featuring a spread entitled "Indie Rock Universe" next to a four-page advertisement for Camel cigarettes.