Phish suing bootleggers

[Basher]

OOPS

Judge: Phish can ban, not sieze bootleg merchandise

By Tim McGlone

The Virginian-Pilot

© March 5, 2009

NORFOLK

A federal judge today refused to grant an order allowing representatives of the jam band Phish to seize any bootlegged merchandise they find at their shows in Hampton this weekend.

U.S. District Judge Raymond A. Jackson said he would issue an order tomorrow granting an injunction prohibiting the sale of unauthorized Phish items, but the order would be largely unenforceable without a seizure order to go along with it.

“There’s no way the court is going to issue a seizure order,†Jackson told Phish’s lawyers this afternoon.

Jackson told the lawyers that they failed to follow proper legal procedures in seeking the seizure order, including notifying the U.S. Attorney and filing the matter in secret.

Jackson appeared particularly perturbed that the action has already been in the media.

The band, he said, “was required to file this as a sealed matter. The court cannot file a sealed seizure order if it’s already been in the press,†Jackson said.

Phish’s lawyers declined to comment following the proceeding.

The band is seeking to prevent the sale of unauthorized merchandise containing the band’s name and logos at its Hampton Coliseum shows, beginning Friday night.