Patrick Moxey information counterclaim towards Sony Music in authorized feud over use of ‘Extremely’ identify

MBW broke the information in December that digital music entrepreneur, Patrick Moxey, had been hit by a lawsuit from Sony Music – to whom Moxey bought his Extremely Information label in late 2021.

Sony’s lawsuit (through Extremely Information LLC) was filed towards Moxey’s 18-year-old totally unbiased publishing firm, Extremely Worldwide Music Publishing (UIMP), in November 2022.

Following the Extremely Information sale in late 2021 (through which Moxey sold Sony the 50% of the label that the major didn’t already own), Moxey has continued to make use of the ‘Extremely’ identify for his publishing firm.

Sony Music’s go well with claimed that Moxey’s continued use of UIMP’s model is prohibited, as a result of in March 2022, Sony terminated a licensing settlement (from Extremely Information) that permitted UIMP to make use of the ‘Extremely’ identify.

That licensing settlement, says Sony, dates again to 2012, when Moxey bought the main an preliminary 50% possession stake in Extremely Information. Nonetheless, Sony Music confirmed in its submitting that no written settlement “was ever executed between Extremely Information and Extremely Worldwide Music Publishing regarding the latter’s use of the ULTRA trademark”.

Yesterday (January 19), Moxey/UIMP filed a counterclaim towards Sony Music’s lawsuit within the court docket of the Southern District of New York, and used this doc to immediately reply to every of the main’s accusations.

(To learn every of Moxey/UIMP’s responses, you possibly can view the full counterclaim by means of this hyperlink.)

Within the counterclaim, Moxey’s authorized group makes the argument that Extremely Worldwide Music Publishing has constructed its personal distinct model fairness – separate to Extremely Information – within the music trade throughout its 18 years of operation.

“The overwhelming majority of UIMP artists and songwriters should not represented by [Ultra Records],” reads the counterclaim. “In actual fact, lower than 5% of UIMP songs are additionally represented by [Ultra Records]. Different report corporations have extra [recordings of UIMP-owned songs], together with Universal Music.”

One of many central arguments made by the counterclaim regards Extremely Information LLC’s registered trademark(s) of the ‘Extremely’ model within the US.

Two emblems had been particularly referenced by Sony Music/Extremely Information in its lawsuit towards Moxey/Extremely Publishing. Each are registered with the US Patent and Trademark Workplace (USPTO), and present Extremely Information’ possession of the ‘Extremely’ model identify by way of ‘pre-recorded audio music compact discs’ plus (see under) ‘musical sound recordings’.

One in every of Extremely Information’ cited trademark filings with the USPTO

Moxey/UIMP’s counterclaim argues that his firm’s use of ‘Extremely’ within the music publishing enterprise is distinctly totally different from the 2 cited USPTO-certified emblems owned by Extremely Information.

The counterclaim factors to the favored annual Ultra Music Pageant for example of the continued use of the ‘Extremely’ model in music – however exterior of recorded music – that’s legally sound.

“[Ultra Records] was the proprietor of the mark Extremely within the report enterprise and UIMP was the proprietor of the mark Extremely within the music publishing enterprise,” reads the counterclaim. “This separate possession is mirrored in the truth that when URL registered the mark Extremely within the USPTO, it solely registered that mark for the report enterprise providers and never for the music publishing enterprise.

“That is in step with the truth that there are a variety of different customers of the mark Extremely within the music enterprise, together with the well-known Extremely Music Pageant, an annual digital dance music dwell occasion which takes place in Miami.”

“when [Ultra Records] registered the mark ‘Extremely’ within the USPTO, it solely registered that mark for the report enterprise providers and never for the music publishing enterprise… there are a variety of different customers of the mark Extremely within the music enterprise, together with the well-known Extremely Music Pageant.”

Extremely Worldwide Music Publishing counterclaim filed this week

As well as, Moxey/UIMP’s counterclaim argues that the manager – having bought Sony 50% of his Extremely Information firm in 2012 – subsequently proposed (to Sony Music) a licensing settlement between Extremely Information and UIMP for the continued use of the ‘Extremely’ identify on the latter firm.

The counterclaim alleges: “Regardless of repeated requests, [Sony Music Entertainment] didn’t reply to the requests for such approval; SME didn’t approve the license and even suggest totally different phrases. Thus, the change of possession for a perpetual license was by no means consummated and UIMP remained the proprietor of the mark Extremely within the music publishing enterprise.”

It provides: “When the rest of the possession of [Ultra Records] was bought to SME, the problem was raised once more by UIMP and Moxey, however SME refused to even talk about the problem.”

MBW has contacted Sony Music for remark in response to Moxey/Extremely Worldwide Music Publishing’s new counterclaim.

Final month, following the submitting of Sony Music/Extremely Information’ preliminary go well with towards Extremely Worldwide Music Publishing, a Sony Music spokesperson said: “Patrick Moxey bought Extremely Information and the Extremely model to Sony Music Entertainment in change for a considerable buyout fee, and now could be perpetuating the falsehood that he stays affiliated along with his former firm by persevering with to make use of the Extremely identify in reference to the publishing operations he controls.

“These actions knowingly misrepresent his involvement with Extremely and are in clear violation of the trademark rights SME acquired in a mutually agreed upon transaction.”

Moxey instructed MBW on the time: “Sony have performed nothing however bully me from the day I bought them my report firm. Extremely Worldwide Music Publishing has been an unbiased standalone enterprise for over 20 years , which publishes songs co-written with Drake, Publish Malone, Ed Sheeran, 21 Savage, Rihanna, Future, Kygo and plenty of extra.

“The overwhelming majority of our songs should not on Extremely Information or Sony [Music]. I’ve made it abundantly clear on quite a few events in media interviews that Extremely Worldwide Music Publishing is totally separate from Extremely Information, and at all times has been. I’ve each proper to make use of the identify “Extremely” in reference to Extremely Worldwide Music Publishing, and received’t be intimidated by a large international company.”Music Enterprise Worldwide

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