.

Cash Sues Urban Outfitters

Claims T-shirt constitutes misappropriation of right of publicity

April 26, 2001 12:00 AM ET

Johnny Cash and renowned rock photographer Jim Marshall filed a joint lawsuit against Urban Outfitters, Inc. in a San Francisco court on Tuesday, citing "wrongful, oppressive and malicious conduct." Marshall is charging the clothing retailer with copyright infringement of his famous 1969 photograph of Cash sneering and holding up his middle finger (snapped at a sound check at San Quentin prison) on a T-shirt without having secured permission. Cash is charging misappropriation of right of publicity for the use of his image.

The T-shirt -- which reads "American by birth, Southern by the Grace of God" -- has been sold at Urban Outfitters throughout the country. The suit contends that "Cash has been damaged and defendants [Urban Outfitters] have been unjustly enriched" by the shirt's creation and sale, and that "Marshall, nor anyone authorized by him, has at any time licensed defendants to reproduce, advertise, distribute, sell, exhibit, or otherwise deal in the copyrighted work [the photo]."

Cash and Marshall seek statutory damages, defendant's profits, attorney's fees and punitive damages.

To read the new issue of Rolling Stone online, plus the entire RS archive: Click Here

prev
Music Main Next
Around the Web
Powered By ZergNet
Daily Newsletter

Get the latest RS news in your inbox.

Sign up to receive the Rolling Stone newsletter and special offers from RS and its
marketing partners.

X

We may use your e-mail address to send you the newsletter and offers that may interest you, on behalf of Rolling Stone and its partners. For more information please read our Privacy Policy.

Song Stories

“Nightshift”

The Commodores | 1984

The year after soul legends Marvin Gaye and Jackie Wilson died, songwriter Dennis Lambert asked members of the Commodores to give him a tape of ideas. "And the one from Walter Orange has this wonderful bass line," said co-writer Franne Golde. "Plus the lyric, 'Marvin, he was a friend of mine' ... Within 10 minutes, we had decided it should be something like a modern R&B version of 'Rock 'n' Roll Heaven,' and I just said, 'Nightshift.'" This tribute to the recently deceased musicians was the band's only hit without Lionel Richie, who had left for a solo career.

More Song Stories entries »
 
www.expandtheroom.com