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Rock and Roll Hall of Fame and Museum v. Gentile Productions, 134 F.3d 749 (6th Cir, 1998)

PLAINTIFF: Rock and Roll Hall of Fame and Museum, Inc., in 1998, registered the words, "THE ROCK AND ROLL HALL OF FAME," as its service mark.

DEFENDANT : Charles Gentile is a professional photographer whose work is marketed and distributed through Gentile Productions. In the spring of 1996, Gentile began to sell, for $40 to $50, a poster featuring a photograph of the Museum against a colorful sunset. The photograph is framed by a black border. In gold lettering in the border underneath the photograph, the words, "ROCK N' ROLL HALL OF FAME," appear above the smaller, but elongated word, "CLEVELAND."

In reaction to Gentile's poster, the Museum filed a five-count complaint against Gentile in the district court. Rock and Roll Hall of Fame and Museum moved for and were granted a preliminary injunction.

Court of Appeals overturned the lower court decision based upon fair use.

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