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Subject: "Martha Graham Company v Ron Protas" Archived thread - Read only
 
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Conferences What's Happening Topic #2857
Reading Topic #2857
Brendan McCarthymoderator

03-07-02, 09:19 AM (GMT)
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"Martha Graham Company v Ron Protas"
 
   LAST EDITED ON 03-07-02 AT 09:40 AM (GMT)

A US federal appeals court has upheld Judge Miriam Cedarbaum's ruling last summer that the Martha Graham Center of Contemporary Dance (and its partner school) could continue to use Martha Graham's name and teach her technique. In its ruling, the U.S. 2nd Circuit Court of Appeals affirmed Judge Cedarbaum's ruling against Graham's heir Ron Protas, who alleges he owns the Graham trademarks. Judge Cedarbaum is expected to rule shortly on the issue of the ownership of Graham's choreography.

Reuters reports the appeal court ruling on the Graham trademarks. Ballet.co's April magazine carried a backgrounder on the legal issues in the contested ownership of the Graham trademarks and choreography, while a ballet.co feature on the most recent court case appeared in the May magazine


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  Subject     Author     Message Date     ID  
  RE: Martha Graham Company v Ron Protas Alexandra 03-07-02 1
     RE: Martha Graham Company v Ron Protas Brendan McCarthymoderator 03-07-02 2
         RE: Martha Graham Company v Ron Protas Brendan McCarthymoderator 10-07-02 3

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Alexandra

03-07-02, 05:12 PM (GMT)
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1. "RE: Martha Graham Company v Ron Protas"
In response to message #0
 
   IMO, this is great news, not only for those who love Graham's work (which I do) but for dance generally. I'm glad Brendan put up the links to the background on ballet.co -- makes it easier to find. Thanks


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Brendan McCarthymoderator

03-07-02, 11:15 PM (GMT)
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2. "RE: Martha Graham Company v Ron Protas"
In response to message #1
 
   Later the Graham Center issued this statement:

(New York, NY) On July 2, 2002, the Federal Court of Appeals for the Second Circuit affirmed that the Martha Graham Center and School have valid exclusive rights to the use of the "Martha Graham" trademark and name for all purposes associated with their mission.

In January 2001, Ronald Protas sought an injunction against the Martha Graham Center and Martha Graham School to prevent them from using the "Martha Graham" in their names. In that lawsuit Protas claimed that he was the rightful owner of the name, ballets choreographed by Martha Graham and related sets and costumes.

The Court held a trial on the portion of the lawsuit related to the name (referred to as the "trademark" case) in March-April 2001. The Judge issued a decision on the trademark in August 2001 finding that the Center and School had the common law rights to the name. The portion of the case relating to ownership of the ballets, sets and costumes was separately tried before the same Judge in April of 2002. The Court has not yet issued a decision on that portion of the case.

Marvin Preston, IV, Executive Director of the Center, stated "We are very pleased with the decision of the Court of Appeals. This decision validates that we--not Ronald Protas--are the true owners of the Martha Graham name for use with dance performance, fund-raising relating to dance or educational instruction."


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Brendan McCarthymoderator

10-07-02, 03:13 PM (GMT)
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3. "RE: Martha Graham Company v Ron Protas"
In response to message #2
 
   The court's ruling is now online at:
http://www.ca2.uscourts.gov:81/isysquery/irl53f/1/doc


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