Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 22, Issue 13
Share on Social

The King of Rock and Roll and Weddings
By Zachary P. Grant
Elvis Presley, otherwise known as “The King of Rock and Roll” or simply “The King,” is one of the most famous musicians and cultural icons of the 20th century. Especially in his time, Elvis’s music and performances were provocative and revolutionary. In the aftermath of his death in 1977, Elvis’s legacy was captured by a strange phenomenon: the Las Vegas fast-wedding industry. Now, in 2022, Authentic Brands Group (ABG), the company that owns the controlling share of Elvis’s intellectual property rights, is attempting to enforce its rights against these iconic little chapels.
The fast Las Vegas wedding business started in 1930s when Clark County in Nevada simplified the marriage process to attract tourism. The strategy was a success, and in combination with legalized gambling, the wedding chapel business boomed and now generates about $2 billion per year. To distinguish themselves, many of these chapels employed gimmicks and themes. One of the most famous is the Elvis-themed wedding, where an Elvis impersonator – often dressed in flashy, embroidered, rhinestone jumpsuits – officiates the ceremony. However, the Elvis imagery utilized by many of these chapels is often unlicensed.
Recently, ABG sent cease-and-desist letters to several Las Vegas chapels that host Elvis-themed weddings — 44 years after these weddings were first introduced. In the letters, ABG claims ownership of the trademarks “Elvis,” “Elvis Presley,” and “The King of Rock and Roll,” and demands the businesses cease use of “Presley’s name, likeness, voice image, and other elements of Elvis Presley’s persona in advertisements, merchandise and otherwise.”
Luckily for those hoping to have The King officiate their marriage, the cease-and-desist letters have largely led ABG and the chapels to the bargaining table where licensing agreements are being negotiated. Hopefully, the parties can reach an agreement and live happily ever after. In the meantime, rest assured, there is no need to get “All Shook Up,” the legend of Elvis Presley and weddings hosted by The King will live on in Las Vegas.
Published July 1, 2022
Related Content from Fishman Stewart
By 1930, efforts began in New York to replace Mother's Day with Parent's Day because men were more than just breadwinners. Those efforts didn't catch on, probably because in that era, women often spent more time in the home.
In February, Nike and Skims announced that they will be working together on a new brand, NikeSkims. The co-brand will create a new line of training apparel, footwear, and accessories specifically designed to meet the unique needs of women athletes.
Generally, federal courts have exclusive jurisdiction over copyright cases, and often, this presents an insurmountable paywall for individual artists and small businesses to vindicate their rights, especially where the value of the individual copyrighted works are relatively low.
Dedicated to raising public awareness about the importance of encouraging innovation and creativity throughout the world, the World Intellectual Property Organization (WIPO) annually observes World Intellectual Property Day on April 26 to showcase the role that patents, trademarks, industrial designs, copyrights and trade secrets play in our everyday lives.
Hold onto your foam fingers, sports fans – college sports just got a whole lot more interesting! The latest updates to Name, Image, and Likeness (NIL) rules are making student-athletes bigger than ever, and it’s not just about the game anymore.
Did a federal court in Louisiana recently decide that US copyrights are global rights? It seems so.
One of his most famous songs, “Lose Yourself” was recently at the center of a lawsuit. In 2019, Eminem’s publishing company Eight Mile Style sued Spotify claiming that Spotify streamed a number of its musical compositions without proper licenses.
One of the most common challenges is whether AI should be free to train on data that is protected by copyright and owned by third parties without first obtaining permission.
The U.S. Copyright Office (USCO) recently published its latest report on AI and “copyrightability.” In short, the USCO considers only some AI-generated works to be sufficiently creative as to deserve copyright protection, and thus, registration.
Back in the 1940’s assignments by independent contractors could be permanent and irrevocable. Things changed in 1976, when Congress overhauled the Copyright Act.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
