MBW broke the information in December that digital music entrepreneur, Patrick Moxey, had been hit by a lawsuit from Sony Music – to whom Moxey offered his Extremely Data label in late 2021.
Sony’s lawsuit (by way of Extremely Data LLC) was filed in opposition to Moxey’s 18-year-old absolutely impartial publishing firm, Extremely Worldwide Music Publishing (UIMP), in November 2022.
Following the Extremely Data sale in late 2021 (by which Moxey offered Sony the 50% of the label that the main didn’t already personal), Moxey has continued to make use of the ‘Extremely’ title for his publishing firm.
Sony Music’s swimsuit 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 Data) that permitted UIMP to make use of the ‘Extremely’ title.
That licensing settlement, says Sony, dates again to 2012, when Moxey offered the main an preliminary 50% possession stake in Extremely Data. Nevertheless, Sony Music confirmed in its submitting that no written settlement “was ever executed between Extremely Data and Extremely Worldwide Music Publishing in regards to the latter’s use of the ULTRA trademark”.
Yesterday (January 19), Moxey/UIMP filed a counterclaim in opposition to Sony Music’s lawsuit within the courtroom of the Southern District of New York, and used this doc to straight reply to every of the main’s accusations.
(To learn every of Moxey/UIMP’s responses, you’ll be able to view the total counterclaim by this hyperlink.)
Within the counterclaim, Moxey’s authorized crew makes the argument that Extremely Worldwide Music Publishing has constructed its personal distinct model fairness – separate to Extremely Data – within the music business throughout its 18 years of operation.
“The overwhelming majority of UIMP artists and songwriters aren’t represented by [Ultra Records],” reads the counterclaim. “Actually, lower than 5% of UIMP songs are additionally represented by [Ultra Records]. Different report firms have extra [recordings of UIMP-owned songs], together with Common Music.”
One of many central arguments made by the counterclaim regards Extremely Data LLC’s registered trademark(s) of the ‘Extremely’ model within the US.
Two logos had been particularly referenced by Sony Music/Extremely Data in its lawsuit in opposition to Moxey/Extremely Publishing. Each are registered with the US Patent and Trademark Workplace (USPTO), and present Extremely Data’ possession of the ‘Extremely’ model title when it comes to ‘pre-recorded audio music compact discs’ plus (see beneath) ‘musical sound recordings’.
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 logos owned by Extremely Data.
The counterclaim factors to the favored annual Extremely Music Pageant for instance of the continued use of the ‘Extremely’ model in music – however outdoors 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 per 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 reside 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 offered Sony 50% of his Extremely Data firm in 2012 – subsequently proposed (to Sony Music) a licensing settlement between Extremely Data and UIMP for the continued use of the ‘Extremely’ title on the latter firm.
The counterclaim alleges: “Regardless of repeated requests, [Sony Music Leisure] didn’t reply to the requests for such approval; SME didn’t approve the license and even suggest totally different phrases. Thus, the alternate 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 offered 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 Data’ preliminary swimsuit in opposition to Extremely Worldwide Music Publishing, a Sony Music spokesperson stated: “Patrick Moxey offered Extremely Data and the Extremely model to Sony Music Leisure in alternate for a considerable buyout cost, and now could be perpetuating the falsehood that he stays affiliated together with his former firm by persevering with to make use of the Extremely title 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 informed MBW on the time: “Sony have achieved nothing however bully me from the day I offered them my report firm. Extremely Worldwide Music Publishing has been an impartial standalone enterprise for over 20 years , which publishes songs co-written with Drake, Submit Malone, Ed Sheeran, 21 Savage, Rihanna, Future, Kygo and lots of extra.
“The overwhelming majority of our songs aren’t on Extremely Data 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 Data, and all the time has been. I’ve each proper to make use of the title “Extremely” in reference to Extremely Worldwide Music Publishing, and gained’t be intimidated by an enormous world company.”Music Enterprise Worldwide
