The original WAR wrote and performed the classic songs: "Lowrider," "Cisco Kid," "Slippin' Into Darkness," "The World is a Ghetto," "All Day Music," and "Why Can't We Be Friends," among others. "Why Can't We Be Friends" is not only one of the bands largest hits, but a mantra for the relationships within the band and their production company/managers. Shortly after forming, the band and its production company started suing each other. In 2001, the original members of WAR lost their name in federal court to their production company/manager. The current state of the litigation has the production company as the owner of the tradename, WAR, with the original members of the group barred from stating that they were members of the original band. Meanwhile, a cover band, containing only the original keyboardist, travel and perform under the name, WAR. A lawsuit regarding usage of the name WAR is currently pending in the Central District of California. This article discusses the current litigation and its ramifications concerning consumer protection. The purpose of 15 USC § 1125(a) is to prevent consumer confusion through a false designation of origin, or to deceive the consumer "as to the affiliation, connection, or association of such a person with another person." The argument of the article is that the ruling in Far Out Productions, Inc. v. Oskar creates consumer confusion through false designation of origin in violation of 15 USC § Il25(a).
Why Can't We Be Friends? It's WAR!,
30 Loy. L.A. Ent. L. Rev. 87
Available at: http://digitalcommons.lmu.edu/elr/vol30/iss1/4