Cesare v. Work

Three of the four members of the band “Revolver” left and, together with a fourth musician, formed the band “1964.” Both Revolver and 1964 performed exclusively Beatles’ music. Plaintiff, the sole remaining member of Revolver, brought this action pursuant to the Ohio Deceptive Trade Practices Act, R.C. Chapter 4165, alleging that defendants’ use of his registered service mark “Revolver” and the trade dress of his band constituted deceptive trade practices. The trial court found that defendants engaged in deceptive trade practices and granted plaintiff a permanent injunction. Defendants appeal…