Judge Engelmayer issued an opinion yesterday resolving several motions in limine relating to an upcoming trial concerning the Beastie Boys’ suit accusing the makers of Monster Energy drinks of using Beastie Boys songs in promotional videos without authorization. Judge Engelmayer largely denied the Beastie Boys’ motion to exclude the testimony of Erich Joachimsthaler, a branding expert, who proposed to testify that the videos would not leave viewers with a lasting association between the Beastie Boys and Monster. He found that the testimony was “potentially relevant to the Beastie Boys’ actual damages” because “damages to the Beastie Boys would arguably be little, if any, if viewers would neither remember the Video nor retain from it an association between the Beastie Boys and Monster.” However, Judge Engelmayer was careful to limit the testimony to issues of damages, not liability:…
Continue Reading In Beastie Boys Case, Judge Engelmayer Limits Lanham Act Damages to Cases of Willful Violations or Actual Confusion; Excludes Expert Testimony Failing “Laugh Test”