An IP Fight Broke Out At the ‘Canes Hockey Game

By • on August 12, 2009

Hip-hop artist Tye Banks wrote and recorded the song “Carolina Hurricanes” after the Carolina Hurricanes won the Stanley Cup in 2006. In 2007, Banks and Hurricane management had an informal agreement that provided for the use of Banks’ song in connection with Hurricane hockey which lasted for a time.

Now the gloves are off.

Banks and the Hurricanes are fighting like Stu Grimson and Krzysztof Oliwa. Banks filed suit in the Eastern District of North Carolina alleging that the ‘Canes are infringing his copyrights by using the song in ways that exceed an oral license. See, Banks vs. Hurricanes Hockey LP The Hurricanes countered with a suit in the Western District of North Carolina claiming trademark infringement for Banks’ unauthorized use of the Carolina Hurricane trademarks and false association with the hockey franchise.  See, Hurricanes Hockey LP v. Banks

With significant genuine issues of material facts on both sides, one wonders if this fight won’t end like most of the Grimson-Oliwa fights…in a draw.

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