Graceland Randers convicted of infringing Elvis
Elvis has, as we all know, left the building – but the rights to his name, image and the estate Graceland in Memphis are alive and well. This was proven by a new verdict from the Danish Maritime and Commercial Court. The case revolved around Graceland Randers – a museum opened in Randers, Denmark, as a tribute to the rock icon Elvis Presley. The outside of the museum is a true copy of Elvis’ house Graceland in Memphis, USA, and the museum was therefore named “Graceland Randers”. Back in 2006, the museum tried to trademark the name “Graceland” in Denmark. The registration was initially granted in 2007, but cancelled in 2012 due to an opposition from Elvis Presley Enterprises Inc. – the owner of the Graceland estate and all rights related thereto, including EU trademark registrations for the name “Graceland”. In 2010, Graceland Randers tried once again – this time applying for trademark registration of the name “Graceland Randers” in Denmark. The application was, however, also cancelled due to an opposition from Elvis Presley Enterprises Inc. in 2014. Graceland Randers has since then been part of a legal tug-of-war with both Elvis Presley Enterprises Inc. and the company GL SPE LLC, who is the current owner of the trademark rights to Graceland. The American companies claimed that the name “Graceland Randers” was a direct violation of their rights, and that the Danish museum should be ordered to change their name and pay damages for the infringing use of the “Graceland” name. The companies sued in Denmark and claimed 1,5 million DKK in damages. At the same time, the company ABG EPE IP LLC, the owner of the trademarks for “Elvis”, “Elvis Presley” and Elvis’ signature, sued Graceland Randers as well, as they believed the museum was selling non-official merchandise carrying the Elvis name and image. The two cases were combined before the court, and the Danish Maritime and Commercial Court gave their ruling this Wednesday. Graceland Randers argued before the court that all use of the “Graceland” name and the image of Elvis Presley was done in good faith. As mentioned, Graceland Randers had previously obtained trademark registrations containing the name “Graceland”, and the man behind the museum, Henrik Knudsen, had personally met Elvis’ former wife, Priscilla Presley, who gave him a signed picture saying “To Graceland Randers”. Because of this, Graceland Randers refused all claims of infringement, as they had only acted in an effort to pay tribute to Elvis Presley. The court, however, found that the previous trademark registration in Denmark, and the meeting with Priscilla Presley, were not sufficient and that Graceland Randers had acted negligent in their use of the “Graceland” mark. The court took into account that Graceland Randers undoubtedly knew about the current use of the “Graceland” mark, and that “Graceland” is a well-known name in Denmark. The name “Graceland Randers” was therefore in violation of the existing rights, and the Danish museum was ordered to pay 500.000 DKK in damages to the suing companies. Graceland Randers was furthermore ordered to pay 20.000 DKK to ABG EPE IP LLC for un-licensed sale of merchandise. Since the beginning of the case, Graceland Randers has changed their name to Memphis Mansion, and the infringing use has thus ended. But the financial hangover of this week’s verdict may stick around for a while. By Mia Storm Junior Associate E-mail ms@otello.dk