Las Vegas Sun

March 29, 2024

Trademark lawsuit filed over Legends in Concert name

Click to enlarge photo

Katie Murdock portrays Britney Spears during "Legends in Concert" on Tuesday, May 19, 2009 at Harrah's.

Click to enlarge photo

Matt Lewis plays Elvis during "Legends in Concert" on Tuesday, May 19, 2009 at Harrah's.

A legal dispute has erupted over the trademark rights associated with the Legends in Concert performances in Las Vegas and around the country.

On Stage Entertainment Inc. of Las Vegas, which claims to own the trademark, filed suit Wednesday in U.S. District Court in Las Vegas against LIC Theatres LLC, which claims to own the rights to the Legends in Concert name in the Myrtle Beach, S.C., market.

Attorneys for On Stage Entertainment said in the lawsuit that On Stage first produced Legends in Concert tribute shows in Las Vegas in 1983. The performances have since expanded to tourist and casino destinations such as Atlantic City, Myrtle Beach, Branson, Mo.; Foxwoods, Conn.; and Coushatta, La.; as well as to St. Louis and Seattle.

Impressionists at the shows perform tributes to the likes of Elvis Presley, Michael Jackson, Rod Stewart, Donna Summer and Tim McGraw.

On Stage says that in South Carolina, Legends in Concert performances started in 1995 in the Myrtle Beach suburb of Surfside Beach. On Stage initially owned the theater there, but in 2000 sold it to LIC Theaters for $2 million. On Stage then leased the theater at an initial term of $360,000 per year and continued Legends in Concert performances there.

Problems arose with the deal by 2009, when "the recession made it difficult for On Stage to make the full payment required by the lease agreement," the lawsuit says.

The parties agreed to a 10 percent rent reduction for the last 10 months of 2009, but On Stage then "erroneously" paid the reduced rent in January and February of this year, the lawsuit says.

On Stage said in the lawsuit it has made up the rental shortfalls for those two months, but LIC Theatres nevertheless claims On Stage is in default and that pursuant to the theater sales agreement LIC Theatres now owns the Legends in Concert trademark in Myrtle Beach.

The lawsuit asks the court for a "declaration that On Stage Entertainment owns the Legends in Concert mark, that LIC Theaters does not own or have any rights or license in and to the mark, and that On Stage Entertainment's use of the mark does not infringe upon any rights of defendant."

LIC Theaters has not yet responded to the lawsuit.

Join the Discussion:

Check this out for a full explanation of our conversion to the LiveFyre commenting system and instructions on how to sign up for an account.

Full comments policy