(CN) – The Weinstein Co. has lost its bid to dismiss a lawsuit brought against it by Grammy-winning soul singer Sam Moore, who claimed the company’s 2008 flick “Soul Men” violated his trademarks and rights to publicity.
Moore, as part of the singing duo “Sam & Dave” that brought the world the 1967 hit “Soul Man,” claimed in a lawsuit in 2009 that the term “Soul Man” “has generally referred to his ‘entertainment services and related goods.”
“Upon seeing the script of the movie, Moore’s concerns increased,” according to the ruling. “He noticed, among other things, that music from Sam & Dave was featured in the movie and that the Real Deal (the fictional singing duo in the movie) sang Sam & Dave songs and also performed alongside individuals with whom Sam & Dave had performed.”
He also feared his reputation would be tarnished, and claimed that a character played by Samuel L. Jackson in the movie was “passed off” as him, with “attempts to replicate Moore’s singing style, dancing and manner or dress.”
Moore said he tried to get involved with the movie but that Harvey and Bob Weinstein rejected his concerns, asserting that the movie was fiction and not biographical.
The Weinsteins soon filed a motion to dismiss the lawsuit.
“It appears very unlikely, and, perhaps, ‘facially implausible,’ that the defendants’ use of the term ‘Soul Men’ is not artistically relevant or that it ‘explicitly misleads’ the consumer as to the source of the mark,” U.S. District Judge Aleta Trauger in Nashville wrote.
Still, Moore’s claim was strong enough to survive summary judgment.
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