Promoters of the alumni group, most recently known as Legacy Reunion of Earth Wind & Fire Alumni, were sued by Earth Wind & Fire in U.S. District Court in Miami in March 2023.
An “alumni” band found to have committed trademark infringement against veteran R&B group Earth Wind & Fire agreed to pay $750,000 in monetary damages but fell short in its effort to seek clarification on how it can market itself in the future.
Substantial Music’s founder, Richard Smith, last year said he was a member of Earth Wind & Fire for five years and had performed on two tours and one album. On May 14, the two sides filed a notice that they had agreed to a monetary settlement. On May 20, Moreno signed a judgment affirming the settlement amount of $750,000.
The motion included proposals from both sides on how the legacy band should promote itself in the future. —Using the name “Earth Wind & Fire” in text promoting the band, unless accompanied by words like “music of,” “songs of” or “tribute to” Earth Wind & Fire. “Defendants believe that compliance with both of these requirements will dispel the notion that Defendants’ act is somehow sponsored by or associated with Plaintiff,” the motion states.
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