Jam band Phish sues 'nomadic' bootleggers

Mar 04, 2009 12:51 PM
Larry O'Dell
THE ASSOCIATED PRESS

RICHMOND, Va.–Phish is kicking off its reunion tour with a lawsuit against bootleggers.

The Vermont-based rock band, which developed a cult following over two decades before splitting up, will perform for the first time since 2004 on Friday night at the Hampton Coliseum in southeastern Virginia.

But first, the foursome will ask a judge to block the sale of bootleg T-shirts, posters and other merchandise at its upcoming concerts.

U.S. District Judge Raymond Jackson will consider the band's request for an injunction Thursday afternoon.

Phish says in court papers that it has had trouble with bootleggers in the past. The band wants police to seize any unlicensed Phish merchandise being sold at or near its concerts, beginning with its three performances this weekend in Hampton.

Phish also is seeking unspecified damages against defendants, identified only as "John Does 1-100 and ABC Corporations 1-5" because the band can't determine who might try to peddle unlicensed goods.

"Because they are generally nomadic individuals without a business premises or other connection to the area, Bootleggers often flee the area permanently once they have sold Bootleg Merchandise," the band says in its complaint.

Phish says the company authorized to sell its merchandise first obtained orders authorizing the seizure of bootleg goods sold during a tour in 1994. Thousands of illegal items were seized then and during subsequent tours until Phish broke up in 2004, the band says, but the scofflaws routinely skipped out on court hearings.

The band or its individual members own federal trademarks for the names Phish, Phish Food, Oysterhead, Gamehendge, Waterwheel and Vida Blue, according to the complaint. Ben & Jerry's manufactures Phish Food ice cream under licence, the band says, and more than one million T-shirts bearing Phish trademarks have been sold under other licensing agreements.

Phish has sold about eight million albums since the 1980s but is more famous for live performances, which feature the band's freeform style and attract a Grateful Dead-like following. All the concerts on Phish's reunion tour are sold out.

I listened to the set this morning and have to say it's the best they've sounded since 00 (or earlier). There were a few flubs, but nothing like the last 'reunion' years.

The songs were a little slower and more deliberate, but they still sound fantastic. If you weren't already aware, all of the Hampton shows will be free mp3s on livephish.com for a 'limited time'. I don't know how long it is and sure, you can get the sbd FLACs on the downlow, but shit - why not take em up. It only takes about 30 minutes or less to d/l the whole show.

Yeah, I'm gonna take them up on their offer of free mp3's. Why the fuck not?

Done - and I'm lovin it.

can someone upload "Loving Cup"

damn, this sounds tight so far -- if not a little bit by-the-numbers...nothing wrong with that, especially on a first night. trey seems remarkably restrained.

runaway jim!

Based on the first random set tonight and the straight outta 4/98 setlist from second set, it looks like they're back to the Phish machine that existed before Trey's opiate and pill abuse of the turn of the century.