In this case, Elvis Presley Enterprises filed a copyright/trademark action accusing Bud Glass Productions, a video distributor, of wilfully engaging in infringing activity consisting of the manufacture, distribution, marketing, promotion and sale of a CD/DVD box set entitled, Elvis 77 – The Final Curtain.
This particular box set, included the 1977 CBS Special, Elvis in Concert, which Elvis’ estate has refused to publish (though it was privately made available to members of the Elvis Presley Fan Club of Great Britain a few years ago). In addition to Elvis in Concert, the set included content from other shows filmed in 1977, excerpts of which were included in Elvis in Concert.
Elvis Presley Enterprises has proven to be very protective over this last period of Elvis’ career, having stated:
Because of the severity of Elvis’ health problems at the time the special was shot, Elvis was far from his best in the way he looked and the way he performed …. There just simply is no way to get it [the footage] only to the real fans (and we’ve exhausted all kinds of ideas) without also having Elvis served up to the general public and press for ridicule. They already emphasize and exaggerate the tragedy and sadness of the last years of his life too much.
This case was part of a group of legal actions that Elvis Presley Enterprises initiated against “a global bootleg ring”, which also includes a case against Joseph Pirzada in the Chancery Division of the High Court, England and Wales.
The case against Bud Glass Productions, filed in the United States District Court for the Northern District of Florida, was eventually settled out of court. Details of this settlement are available below in the Consent Order.
- prweb.com, Elvis Presley Enterprises Takes Legal Action Against Alleged Global Bootleg Ring, (Feb 09, 2011 )
- Travis Burchart, Would You Ever Dare Copy Elvis Presley? Some People Still Do – Lawsuit Filed against Distributor of Elvis Video (Feb 28, 2011), LexisNexis® Legal Newsroom: Intellectual Property
STIPULATION OF DISMISSAL OF CLAIMS
Stipulation of Dismissal of Claims
ORDER OF DISMISSAL
Order of Dismissal