New Jersey’s “Truth in Music Act” No Longer Mutes Second Generation Doo-wop Groups

On August 5, 2010, in a major trademark and civil rights law ruling, the U.S. Court of Appeals for the Third Circuit held that Live Gold Operations, Inc., a promoter of doo-wop music singing groups, was a “prevailing party” entitled to reimbursement of attorneys’ fees arising out of the New Jersey Attorney General’s past enforcement of New Jersey’s so-called “Truth In Music” law.

“This decision caps the successful challenge to the Attorney General’s blatantly unconstitutional enforcement of New Jersey’s Truth In Music law.  Charged with enforcing state acts with due regard for our Constitution, the Attorney General instead forced Live Gold to get a federal court to put a halt to New Jersey’s refusal to abide by U.S. law,” says William Charron, an attorney at Pryor Cashman in New York, which represented Live Gold.  “The decision should also pave the way for other music promoters to exploit their unregistered trademarks without fear of legal harassment under so-called Truth In Music laws.”

Charron successfully argued to the district court that the Attorney General had enforced the “Truth in Music” statute in a way that unconstitutionally discriminated between federally registered and unregistered, or common law, trademarks.  The district court entered a temporary restraining order against the Attorney General’s enforcement of the act.  At the subsequent hearing on whether to convert the TRO into a preliminary injunction, in response to the district court's rejection of her arguments, the Attorney General abandoned her initial opposition and conceded that Live Gold’s arguments in favor of providing equal protection to unregistered trademarks were correct.  The district court “bound” the Attorney General to her change in position in open court.  However, the district court later ruled that despite successfully causing the Attorney General to make a “180-degree shift in position,” Live Gold was not a “prevailing party” entitled to reimbursement of its legal fees under the federal civil rights statute because the Attorney General had supposedly changed her position “voluntarily.”

The published and precedential decision from the Third Circuit (Singer Management Consultants, Inc. v. Anne Milgram) reverses and vacates the district court’s denial of “prevailing party” status to Live Gold, and orders the Attorney General to repay the reasonable amount of legal fees that were required to force her to change her conduct.
“That is the proper result for official violations of the U.S. civil rights laws,” says Charron.  “This decision should be a clear signal to government officials that they are not free to violate the rights of their citizens by taking patently baseless and unlawful actions.  There are, and should be, ramifications for such abuse.”  “Moreover,” adds Charron, "this decision may create a sea change within the 32 other states that have enacted 'Truth in Music' legislation.  Such laws, if similarly applied, are equally unconstitutional."

William Charron is available for interviews to discuss the impact of the recent Third Circuit decision.
http://www.pryorcashman.com/attorneys-33.html

Reference:  Singer Management Consultants, Inc. v. Anne Milgram, No. 09-2238 (3d Cir. Aug. 5, 2010) [08/06/2010]