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Permanent Injunction Granted In 'Vintage Kiss Photos' Lawsuit

November 14, 2012

The United States District Court in Detroit on November 6 granted a permanent injunction in a lawsuit filed by the company that controls photos and posters of the rock group KISS, permanently enjoining the sale of a book entitled "Vintage Kiss Photos: 1974-1981" and ordered defendants to permanently cease from using the name KISS or any of plaintiff's marks, including the registered facepaint used by KISS. The Federal Court also enjoined anyone from publishing a book which includes a collection of the copyrighted photographs or utilizes the face paint or other registered trademarks of KISS.

"This is an important decision, not only for KISS, but also for the entertainment industry," said William Randolph, the general counsel for Kiss Catalog Ltd. in New York. "Of course, the rock group KISS has the advantage that the KISS logo and facepaint used by the group are registered trademarks in the U.S. and around the world. But the precedent also applies to all entertainers. Previously, we obtained a permanent injunction and substantial damages against the sale of bootleg videos taken without permission at KISS concerts," said Randolph. "We would also like to thank our counsel, Howard and Howard in Michigan, including Raymond Scott and Greg DeGrazia, for their legal work in these matters."

Kiss Catalog Ltd.'s lawsuit, which was filed in January 2010, named Marc Scallatino of Blackwood, New Jersey and photographer Janet Macoska of Cleveland.

Macoska told reporters in 2010 that she sold some KISS images to Scallatino but warned him that he couldn't use them in a book.

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