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Kirke v. Howe (In re Howe)
Citations: 221 B.R. 555; 11 Fla. L. Weekly Fed. B 297; 1998 Bankr. LEXIS 726Docket: Bankruptcy No. 98-4128-9P3; Adversary No. 98-223
Court: United States Bankruptcy Court, M.D. Florida; May 15, 1998; Us Bankruptcy; United States Bankruptcy Court
An emergency motion has been filed by Simon Kirke, Mick Ralphs, Esskay, Ltd., and Wardpine, Ltd. against Brian Anthony Howe in the context of a Chapter 13 bankruptcy case. The Plaintiffs seek a temporary restraining order or, alternatively, relief from the automatic stay while holding the Debtor in contempt for violating a previous court order regarding the use of the name 'Bad Company.' The dispute centers on whether Howe, who claims entitlement to use the name in his performances, has relinquished all rights to it as per an agreement from June 1, 1994. The court previously ruled on May 6, 1998, that this agreement was no longer executory and specified that Howe could only refer to himself as 'Brian Howe, Former Lead Singer of Bad Company.' Despite this ruling, evidence presented indicates that Howe promoted a concert on May 8, 1998, billing himself as 'Bad Company' with the phrase 'Lead Singer, Brian Howe' in small print, along with various promotional materials that reference him as 'Bad Company.' The Plaintiffs argue that these actions violate the May 6, 1998, order and have filed a motion to prohibit further violations, seeking contempt and sanctions against Howe. In his defense, Howe claims he is not accountable for his promoters' actions and argues that including 'Former Lead Singer Brian Howe' in promotions does not breach the court's order. The May 6, 1998 Order prohibits the Debtor from using the phrase "Bad Company with Former Lead Singer Brian Howe" in any advertising or promotional materials. The Debtor's defense of non-responsibility for the advertisement is deemed unacceptable. The Court finds the Debtor in civil contempt for knowingly violating this order but will refrain from imposing sanctions, provided future promotions only use the phrase "Brian Howe, Former Lead Singer of Bad Company." Additionally, any mention of "Bad Company" in promotional materials must not exceed 25% of the total content. The Court denies the Motion for relief from stay, treats the Motion for Temporary Restraining Order as a preliminary injunction, and grants it, while also denying the Motion to Impose Sanctions without prejudice.