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 Data label in late 2021.
Sony’s lawsuit (by way of Extremely Data LLC) was filed towards Moxey’s 18-year-old totally unbiased publishing firm, Extremely Worldwide Music Publishing (UIMP), in November 2022.
Following the Extremely Data sale in late 2021 (during which Moxey bought 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 go well with claimed that Moxey’s continued use of UIMP’s model is illegitimate, 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 bought the main an preliminary 50% possession stake in Extremely Data. Nonetheless, 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 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 complete counterclaim by way of 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. “In truth, lower than 5% of UIMP songs are additionally represented by [Ultra Records]. Different file 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 emblems had been particularly referenced by Sony Music/Extremely Data in its lawsuit towards Moxey/Extremely Publishing. Each are registered with the US Patent and Trademark Workplace (USPTO), and present Extremely Data’ possession of the ‘Extremely’ model title by way of ‘pre-recorded audio music compact discs’ plus (see under) ‘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 emblems owned by Extremely Data.
The counterclaim factors to the favored annual Extremely Music Competition 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 file 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 file enterprise companies and never for the music publishing enterprise.
“That is in line 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 Competition, an annual digital dance music stay occasion which takes place in Miami.”
“when [Ultra Records] registered the mark ‘Extremely’ within the USPTO, it solely registered that mark for the file enterprise companies 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 Competition.”
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 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 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 Data’ preliminary go well with towards Extremely Worldwide Music Publishing, a Sony Music spokesperson mentioned: “Patrick Moxey bought Extremely Data and the Extremely model to Sony Music Leisure in alternate for a considerable buyout cost, and now’s perpetuating the falsehood that he stays affiliated along 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 finished nothing however bully me from the day I bought them my file firm. Extremely Worldwide Music Publishing has been an unbiased standalone enterprise for over 20 years , which publishes songs co-written with Drake, Submit Malone, Ed Sheeran, 21 Savage, Rihanna, Future, Kygo and plenty 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 received’t be intimidated by an enormous international company.”Music Enterprise Worldwide