1:73-F-00145•IN RE: Grand Funk Railroad Trademark Litigation
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Case MDL No. 145 Document 2 Filed 05/04/15 Page 1 of 7 BEFORE THE JUDICIAL PANEL IERIE RESET MULTIDISTRIGD LITIGATION EERE IN RE GRAND FUNK RAILROAD ) Fons a TRADEMARK LITIGATION ) DOCKET NO. 145 | OPINION AND ORDER Sr BEFORE ALFRED p. MURRAH, CHAIRMAN, AND JOHN MINOR WISDOM, EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, AND STANLEY A. WEIGEL, JUDGES OF THE PANEL PER CURIAM | This litigation arises out of an intra-corporate dispute between three musicians and their manager, Terry Knight. The musicians filed an action in the Southern District of New York against Knight seeking rescission of their various business agree- ments and charging Knight with fraud, securities laws violations and mismanagement of the parties' corporation, Grand Funk Railroad Bnterprises, Ltd. While that action was pending, the musicians embarked independently on a nationwide concert tour performing as Grand Funk Railroad, a trademark secured by the corporation. Knight concurrently brought twenty-nine trademark infringement actions around the country against the performers and local con- cert organizers seeking either to enjoin or recover profits from the performances. The Panel ordered all parties to show cause why these actions should not be transferred to one district for coordinated or consolidated pretrial proceedings under 28 U.S.C. §1407. The performers, Knight, and a few local defendants support trans- fer of all the actions to the Southern District of New York.
Case MDL No. 145 Document 2 Filed 05/04/15 Page 2 of 7 - 2 = On the other hand, the majority of the local municipal auditorium defendants are strongly opposed to transfer. On the basis of the pleadings filed and the hearing held, we find that transfer of these actions at this time would neither serve the convenience of the parties and witnesses nor promote the just and efficient conduct of the litigation. The parties favoring transfer argue that the actions share common questions of fact concerning the validity and owner- ship of the trademark. They also assert that transfer to a single . district will eliminate the possibility of inconsistent pretrial decisions on motions to stay proceedings which are pending in several of the infringement actions. The parties opposing transfer argue that the infringe- ment actions do not share any significant common questions of fact with each other because discovery in those actions will focus on the promotional activities which varied widely with each concert. The concert organizers also assert that they are merely third- parties to the underlying dispute between Knight and the performers. And they stress that since the original action in New York is at an advanced stage of discovery, transfer of the infringement actions may delay a decision on the underlying issue of trademark ownership. These actions. appear to ‘contain limited common questions concerning the ownership of the Grand Funk Railroad trademark.. And on its surface this litigation appears to resemble the actions in the Butterfield Patent Infringement Litigation, which we
Case MDL No. 145 Document 2 Filed 05/04/15 Page 3 of 7 - 3 - transferred to a single district for coordinated or consolidated pretrial proceedings. In re Butterfield Patent Infringement Litigation, 328 F.Supp. 513 (J.P.M.L. 1270). But there are significant distinguishable differences. In theButterfield litigation, for example, plaintiff alleged that his patent on a corneal contact lens was being directly infringed by established rival lens producers. The present litigation, however, was spawned by an intra-corporate struggle for control; and Knight implicated the concert organizers, whose interests in the trademark were purely transitory, in an unsuccessful effort to block each concert and force the performers to recognize him:.as a minority share- holder. In addition, there was little, if any, discovery on the common issues in the Butterfield actions at the time of transfer; but in the present infringement actions discovery on the ownership issue is almost complete and that question is nearly ripe for decision in the original action filed in the Southern District of New York. As a result of the advanced stage of pretrial proceedings in the original action, we find that transfer of all the subsequently filed infringement actions to the Southern District of New York at this time would needlessly entangle third parties in the fundamental dispute and only tend to delay the expeditious handling of that action. Furthermore, the Panel must weigh any benefit that transfer would provide in the way of eliminating the possibility of inconsistent pretrial decisions against the efficient admin- istration of the litigation as a whole. It is clear that
Case MDL No. 145 Document 2 Filed 05/04/15 Page 4 of 7 - 4 - the discovery involving defendants' alleged infringement will focus on localized factual issues concerning the nature, scope, extent and effect of the alleged promotional activities. And inasmuch as the issue of trademark ownership is near the trial stage, transfer of these actions at this time will neither serve the convenience of the majority of the parties and witnesses nor promote the just and efficient conduct of the litigation. Our denial of transfer, however, is without prejudice to any party's right to renew their efforts toward coordinated or consolidatéd pretrial proceedings under Section 1407 if they feel future circumstances so require. IT IS THEREFORE ORDERED that transfer of these actions to a single district for coordinated or consolidated pretrial proceedings under 28 U.S.C. §1407 be, and the same hereby is, DENIED, without prejudice to the right of any party to move for transfer at a later time.
Case MDL No. 145 Document 2 Filed 05/04/15 Page 5 of 7 SCHEDULE A " DOCKET NO, 145 SOUTHERN DISTRICT OF ALABAMA Terry Knight, etc. v. The City of Mobil, Civil Action Alabama, et al. No. 7522-73-H EASTERN DISTRICT OF ARKANSAS Terry Knight, etc. v. Arkansas Livestock Civil Action Show Assn., et al. No. LR73C-49 CENTRAL DISTRICT OF CALIFORNIA Terry Knignt, etc. v. The Forum of Civil Action Inglewood, Inc., et al. No. 72-2817-MML NORTHERN DISTRICT OF CALIFORNIA - Terry Knight, etc. v. Oakland-Alameda Civil Action County Coliseum, Inc., et al. No. 72-2179-LHB " DISTRICT OF COLORADO Terry Knight, etc. v. City and County Civil Action of Denver, Colorado d/b/a Denver No. C=-4719 Coliseum, et al. SOUTHERN DISTRICT OF GEORGIA - Terry Knight, etc. v. City of Savannah, Civil Action Georgia, et al. No. 3072. SOUTHERN DISTRICT OF ‘INDIANA Terry Knight, etc. v. City of Evansville, Civil Action et al. No. 73-C-8 " ‘SOUTHERN DISTRICT OF TOWA - Terry Knight, etc. v. Veterans Memorial Civil Action Auditorium Commission, et al. No. 73~24=-1 DISTRICT OF KANSAS Terry Knight, etc. v. Wichita State Civil Action University Intercollegiate Athletic No. W-5061 Association, Inc., et al. -
Case MDL No. 145 Document 2 Filed 05/04/15 Page 6 of 7 - < - -~. -- SCHEDULE A DOCKET NO. 145 DISTRICT OF MARYLAND Terry Knight, etc. v. The Mayor and City Civil Action Council of Baltimore, et al. No. 72-1242-H DISTRICT OF MASSACHUSETTS Terry Knight, etc. v. Boston Garden Corp., Civil Action et al. No. 72-3646-G Terry Knight, etc. v. City of Springfield, Civil Action Massachusetts, et al. No 72=-3743-G DISTRICT OF NEBRASKA Terry Knight, etc. v. City of Omaha, et al. Civil Action No. CV73-0-137 DISTRICT OF NEVADA Terry Knight, etc. v. Gana Productions, Civil Action lnc., et al. No. 1954 EASTERN DISTRICT OF NEW YORK Terry Knight, etc. v. County of Nassau, Civil Action et al. No. 72 Cl629 MIDDLE DISTRICT OF NORTH CAROLINA Terry Knight, etc. v. City of Winston- Civil Action Salem, etc. No. C—-60-WS-73 WESTERN DISTRICT OF OKLAHOMA Terry Knight, etc. v. Oklahoma City Public Civil Action Property Authority, et al. No. Civ-73-60B EASTERN DISYRICT OF PENNSYLVANIA Terry Knight, etc. v. Spectrum Arena, Inc., Civil Action et al. No. 72-2312 DISTRICT OF RHODE ISLAND Terry Knight, etc. v. Providence Civie Civil Action Center Authority, et al. No. 5076 DISTRICT OF SOUTH CAROLINA Terry Knight, etc. v. Concept Entertainment Civil Action Industries, Inc., et al. No. 73-152
-. Case MDL No. 145 Document 2 Filed 05/04/15 Page 7 of 7 a . * -3= SCHEDULE A DOCKET NO. 145 EASTERN DISTRICT OF TENNESSEE Terry Knight, etc. v. City of Knoxville, Civil Action Tennessee, et al. No. 8173 MIDDLE DISTRICT OF TENNESSEE Terry Knight, etc. v. James Armistead, Civil Action et al. No. 6878 WESTERN DISTRICT OF TENNESSEE Terry Knight, ete. v. City of Memphis, Civil Action Tennessee, et al. No. 73+56 EASTERN DISTRICT OF VIRGINIA Terry Knight, etc. v. City of Richmond, Civil Action Virginia, et al. No. 48-73-R SOUTHERN DISTRICT OF WEST VIRGINIA Terry Knight, etc. v. National Shows, Civil Action Inc., et al. No. CH-73-CA-29 " SOUTHERN DISTRICT OF NEW YORK Terry Knight, etc. v. Levinson & Ross, Civil Action et al. No. 72 Civ. 3996 Terry Knight, etc. v. Madison Square Civil Action Garden Corp., et al. No. 72 Civ. 5110 Terry Knight, etc. v. American Broad- Civil Action casting Company, Inc., et al. No. 73 Civ. 346 Mark Farner, et al. v. Terry Knight, Civil Action et al. No. 72 Civ. 2026 Terry Knight, etc. v. Arlen Realty & Civil Action Development Corp., et al. No. 73 Civ. 3484
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