DETROIT (CelebrityAccess) — A federal court in Michigan has denied Grand Funk Railroad’s motion for preliminary injunction to block the band’s former frontman Mark Farner from using the name “Mark Farner’s American Band.”
On Thursday, Honorable Gordon J. Quist, United States District Court Judge for the Western District of Michigan, ruled that GFR had failed to demonstrate how Farner’s use of the name ‘Mark Farner’s American Band’ creates the likelihood of confusion among consumers.
GFR had argued a case for infringement, noting that “The American Band” is a ‘famous mark’ that has been in use by GFR, including its albums and promotional material for 45 years.
However, the judge ruled against GFR and in his opinion, noted: “Initially, while the Court has no doubt that GFR’s GRAND FUNK marks are famous, the Court is not prepared at this juncture—without an evidentiary basis—to conclude that THE AMERICAN BAND is a famous mark.”
The ruling on the preliminary injunction motion does not end the case; it merely allows Farner to use the disputed name while the case proceeds to discovery and beyond.
Just in time for Farner, who is planning to tour with his newly-affirmed band name. The tour kicks off later this week with a pair of shows at the Boot Barn in Colorado Springs and wraps on July 19th at Rocking The River in Detroit, Mich.
50 Year Celebration – Mark Farner’s American Band 2019 Tour Dates
March 15 | Boot Barn | Colorado Springs, Colo. *
March 16 | Boot Barn | Colorado Springs, Colo. *
March 22 | The Rose | Pasadena, Calif.**
March 23 | The Canyon | Agoura Hills, Calif.**
March 24 | The Coach House | San Juan Capistrano, Calif.**
April 19 | Capitol Theatre | Flint, Mich.
April 22 | Pima County Fair | Tucson, Ariz.
April 24 | 10th Annual Great Dames | Wilmington, Del.*
May 10 | Teatro Gamaro | Mooca, Brazil
May 11 | Teatro Bom Jeasus | Curitiba, Brazil
May 12 | SOF | Brasilia, Brazil
May 15 | Teatro NET Rio | Copacabana, Brazil
May 17 | Teatro Munipal | Concepcion, Brazil
May 18 | Montecello Grand Casino | San Fransisco De Monstazal, Chile
May 21 | Centro De Convenciones Daniel Alcides Carrion | Miaraflores, Peru
May 22 | Caja Arequipa | Arequipa, Peru
May 24 | Teatro Aula Magna Universidad | Valparaiso, Chile
May 25 | Teatro Caupolican | Santiago, Chile
May 31 | Blast Friday at Ruth Eckerd Hall | Clearwater, Fla.*
June 15 | Historic Everett Theatre | Everett, Wash.
July 13 | White Nights Festival at Ice Palace | St. Petersburg, Russia*
July 19 | Rocking the River | Detroit, Mich.