Phish, Inc. v. Knighthood Tees

Defendants' Opposition to Phish's Motion for Preliminary Injunction


Defendants Knighthood Tees and Sean Knight opposed Phish's motion for preliminary injunction on the grounds that the complained-of conduct -- the production and sale of t-shirts using titles and lyrics from the band's songs -- did not constitute copyright infringement as a matter of law, and that the use in any event was transformative and protected as parody.

Supplemental briefs were filed in District Court in Vermont with additional evidence, and Phish's motion was denied in all material respects (the sole exception being use of the trademarked logo PHISH, which defendants voluntarily ceased using well in advance of the hearing).

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Reference Info:Legal Memoranda: Prejudgment Remedies | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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