Rock Stars Legal Complaint Relatable in Shortline Industry
Aerosmith singer Steven Tyler is demanding President Trump stop using the band’s songs at rallies, specifically the band’s 1993 hit “Livin’ on the Edge.”
Tyler has sent a cease-and-desist letter to the White House accusing the president of willful infringement in broadcasting the song.
What connection could this dispute possibly have to the shortline industry? The Lanham Act and a case in North Dakota.
The Lanham Act prohibits “any false designation or misleading description or representation of fact … likely to cause confusion … as to the affiliation, connection, or association of such person with another person.”
Tyler’s attorney contends that playing an Aerosmith song in a public arena gives the false impression that Tyler is endorsing Trump’s presidency.
AEM has used the Lanham Act as part of its pending effort to get the federal courts to block a dealer supported law in North Dakota which addressed “dealer purity.” AEM argues that protecting a dealer’s right to sell competing shortline equipment would confuse consumers.
Our Association is not a party to the AEM legal action in North Dakota, but we continue to follow the progress of the case and provide public documents to interested members.
We wonder if Steven Tyler would allow us to use “Livin’ on the Edge” during the opening session of our Marketing & Distribution Convention in Minneapolis this fall. The title seems fitting.