(CelebrityAccess MediaWire) —
The estate of the late Jerry Garcia has sued Moe's Southwestern Grill claiming the burrito chain stole the singer's likeness without permission. A trademark infringement suit, filed last month in U.S. District Court in Atlanta, claims Moe's engaged in unauthorized use of Garcia's likeness and the song lyrics of the band he headed, the Grateful Dead. Named in the suit are Moe's parent, Raving Brands and CEO Martin Sprock.
One of Moe's in-store slogans reads, "Trouble Ahead, Trouble Behind, Just Have My Taco Ready on Time." Garcia's likeness appears nearby. The slogan appears to be a direct reference to lyrics in the Grateful Dead song "Casey Jones."
A Moe's advertisement in the Atlanta Journal-Constitution also featured Garcia's portrait by artist Steve Penley, according to the suit.
Sprock had bought the portrait from Penley, then had it reproduced and placed in Moe's locations, the suit claims.
Garcia's estate is asking for unspecified damages and attorneys' fees. Raving Brands will file a response to the complaint later this month. — Bob Grossweiner and Jane Cohen