Earth Wind & Fire wins lawsuit to stop alumni band from using name and trademark

A federal judge in Miami has sided with rhythm-and-blues band Earth Wind & Fire in its lawsuit against an “alumni” act it claimed was infringing on its trademark.

On Monday, U.S. District Judge Federico A. Moreno filed a ruling agreeing with Earth Wind & Fire’s claim that promotions by a band with no original EWF members were confusing consumers into believing they were buying tickets to see the real thing.

The trademarked Earth Wind & Fire name and its familiar Phoenix logo is owned by the sons of founder Maurice White, who died in 2016. Original members Philip Bailey, Maurice White’s brother Verdine White, and Ralph Johnson continue to tour as Earth, Wind & Fire under license.

In March 2023, the White sons filed suit against two promoters — Georgia-based Substantial Music Group LLC and Indiana-based Stellar Communications Inc. — that the sons claimed were staging concerts by a group of one-time side musicians under the name Legacy Reunion: Earth, Wind & Fire Alumni.

Those shows continued through the litigation.

According to listings on the Ticketmaster website, the act is scheduled to perform under the infringing name in Charlotte, North Carolina, on March 14, and on two dates in Evansville, Indiana, and Bloomington, Illinois in May.

A spokesman for Substantial Music Group LLC did not immediately respond to emailed questions about whether the group would change its name in the wake of the ruling. A penalty hearing is scheduled the week of May 28.

Earth Wind & Fire’s attorney, David I. Greenbaum, partner in the San Francisco-founded law firm Rimon P.C., said, “We appreciate that the court decided in our client’s favor on liability for trademark infringement. We await the trial on damages.”

Greenbaum said he believes the ruling requires the alumni band to make changes prior to the penalty trial.

In a 33-page ruling, Moreno considered numerous arguments offered by both sides, including the defendants’ assertion that the trademark was diluted because other bands have performed using the words Earth Wind & Fire in their names.

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