Lawsuit Seeks To Stop Counterfeit Rush Merchandise Before Band's Consol Show

By Rich Lord, Pittsburgh Post-Gazette, September 4, 2012

The company that has the rights to sell Rush concert merchandise is wasting no time in countering copyright infringement in advance of the Canadian trio's Sept. 11 show at Consol Energy Center.

The firm, Ontario-based Showtech Merchandising Inc., filed a lawsuit in federal court on Saturday seeking a crackdown on producers and sellers of knock-off shirts and other merchandise.

The lawsuit does not name the "numerous independent unlicensed peddlers" who it says are mostly "nomadic individuals without business premises or other connection with this locality" who it claims will be selling knock-offs around the concert site.

It asks that the unnamed peddlers be enjoined from making or selling anything with the name "Rush" on it, or with the names or likenesses of band members Neil Peart, Geddy Lee and Alex Lifeson. Otherwise, Showtech will lose revenue and suffer damage to its reputation, according to the lawsuit.

Local counsel for Showtech, Downtown-based attorney John W. Jordan IV, said he has been involved in a handful of similar lawsuits.

"It's done because it's a one-day event and the people that [sell unlicensed merchandise] are going to be probably gone and unfindable afterwards. So we need some basis for stopping them."

The lawsuit also asks the court to order the U.S. marshal, plus local and state police, to seize imitation Rush gear anywhere near the concert site.

New Jersey-based attorney Jules D. Zalon, who wrote the complaint, could not be immediately reached for comment.

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