Moore v. Weinstein Co. et al., No. 12-5715 (6th Cir. filed Oct. 31, 2013) (decision here).
Plaintiff, Sam Moore of the group "Sam & Dave", appealed an adverse judgment on his trademark infringement and common law claims against the producers and distributors of a 2008 movie called "Soul Men" (starring Samuel L. Jackson and Bernie Mac) and its soundtrack. The 6th Circuit affirmed dismissal.
Plaintiff argued that defendants had violated his right of publicity. The Court disagreed, finding that the movie "added significant expressive elements to any purported use of Moore's identity."
Plaintiff also argued that defendants had committed trademark dilution under the Tennessee Trademark Act, of the mark SOUL MEN. But, Plaintiff failed to provide evidence of the mark's fame.
Accordingly, the 6th Circuit affirmed summary judgment for defendants.