Phoenix Entertainment Partners, LLC v. Rumsey
United States Court of Appeals for the Seventh Circuit
829 F.3d 817 (2016)
Relevant factsFree
Slep-Tone (predecessor plaintiff) made karaoke tapes displaying its trademark and trade dress, and pub owner Rumsey (defendant) made and played unauthorized copies of Slep-Tone's music and graphics files at his pub without selling them; Slep-Tone sued under the Lanham Act for reverse passing off, and the district court dismissed the complaint.
IssueFree
Whether a reverse-passing-off claim requires the plaintiff to allege that the passing off caused consumer confusion as to the source of goods actually sold in the marketplace.
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