Victory Wins Latest Round In Hawthorne Heights Case
October 20, 2006 at 6:17 AM (PT)
Recording act HAWTHORNE HEIGHTS recently sued VICTORY RECORDS seeking, among other things, a judicial declaration that their recording/publishing/merchandising agreement with the label was "terminable at will." VICTORY later filed a motion to dismiss the band's complaint in its entirety.
On WEDNESDAY (10/18) the U.S. District Court in CHICAGO issued an order dismissing the band's claims that it could terminate its agreement, and that the label's continuing distribution and sale of the band's records constituted copyright and trademark infringement. Read the judge's transcript here.
After HAWTHORNE HEIGHTS filed its complaint in AUGUST, VICTORY countersued based in part on defamatory statements that appeared on the band's website and elsewhere. The court order has no effect on these counterclaims.