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Gray area: When is a tribute more than just a tribute?

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Music tribute acts walk a fine line between selling themselves as a worthy facsimile – an exercise in pure nostalgia – and crossing a legal boundary by “fooling” the public that they are, in fact, the real thing.

They can dress like the real stars, wear wigs and makeup, play all the same instruments and sing all the same songs. They just can’t claim to “be” somebody they’re not.

This is how acts called “Fleetwood Max,” “Deft Leppard” and “One Night of Queen” flourish.

The somewhat shadowy laws of trademark infringement were tested in March when the remaining original members of the groundbreaking 1970s funk band Earth, Wind & Fire sued Atlanta-based Substantial Music Group and Stellar Communications, alleging the companies have been marketing a tribute act as the actual Earth, Wind & Fire.

The act is called Legacy Reunion of Earth, Wind & Fire Alumni, and it has been booked to play St. Petersburg’s Mahaffey Theater Nov. 24.

Filed in a Miami U.S. District Court, the lawsuit claims Legacy Reunion includes only a few “side musicians” who briefly recorded or performed in later years with Earth, Wind & Fire, which was formed in 1969.

Substantial Music president Richard Smith played guitar with Earth, Wind & Fire from 1987 to 1991, and appears on the album Heritage. He maintains that Legacy Reunion is more than a mere tribute act. “Some of our alumni were there longer, during their tenure, than some of the original principals in the band,” he said.

No names or musician photographs appear on the company’s website, or on marketing material for the concerts.

“Our lineup is fluid – it’s based upon, and changes, according to who’s available on their touring schedule,” Smith said. Any Legacy Reunion might include a combination of ‘80s and ‘90s-era band members Vance Taylor, David Romero, Morris Pleasure, Daniel de los Reyes and Smith himself.

Earth, Wind & Fire survived the retirement (and 2016 death) of founding singer/songwriter Maurice White. White’s sons own the group name, and license it to the current iteration of the group, which includes founding bassist Verdine White (Maurice’s brother), longtime lead vocalist Philip Bailey and longtime percussionist Ralph Johnson. All three performed on Earth, Wind & Fire’s lengthy string of hit records.

The lawsuit from Earth Wind & Fire IP LLC reads, in part:

“To increase ticket sales to these concerts, Defendants hatched a scheme to falsely imply in advertising that this new group was the real Earth, Wind & Fire. Defendants did this to benefit from the commercial magnetism and immense goodwill the public has for Plaintiff’s ‘Earth, Wind & Fire’ marks and logos, thereby misleading consumers and selling more tickets at higher prices to shows Defendants promote than would be sold if Defendants honestly advertised who was rendering these performances.”

Smith bristles at this, and brings up the nominative fair use rule, a sort of legal loophole wherein a third party may use the trademark of another as a reference to the trademark owner’s product, or to compare it to their own.

“Our name should be descriptive enough to where somebody understands this is a reunion show,” Smith said. “We preface it not by saying ‘Earth, Wind & Fire’ first. We say ‘This is a Legacy Reunion of Earth, Wind & Fire Alumni.’ Most people understand what alumni means. Our legal position is that it is fair enough, under nominative fair use, and we should be allowed to use it.”

Smith added that a typical Legacy Reunion show attracts 600 to 800 people. “We’re not really cutting into Earth, Wind & Fire’s pie,” he said.

In an Aug. 30 court filing, Substantial Music Group counter-claimed that Earth Wind & Fire arbitrarily allowed a dozen tribute acts to “use” the name, citing “September: A Tribute to Earth, Wind & Fire,” “Let’s Groove Tonight: The Ultimate Earth, Wind & Fire Tribute Band” and even “Earth Wind & Fire Tribute Band.”

Others in operation around the country include: “Kalimba: The Spirit of Earth Wind & Fire,” “Shining Star: A Tribute to Earth, Wind & Fire” and “Hot Brass: Chicago/Earth Wind and Fire Tribute.”

“[The band] has taken no action to enforce its purported trademark rights against any of the third-party vocal and instrument groups that have been using the phrase,” Legacy Reunion lawyers wrote in the counterclaim. “The present civil action represents the first occasion on which Counter-Defendant has sought to enforce its registered trademarks against another party.”

 

 

 

 

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Sunshine City Magazine

Tampa Shuffle’s six-year anniversary weekend kicks off with Women In Music showcase | Tampa

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click to enlarge Ari Chi, who plays Shuffle in Tampa, Florida on March 15, 2024. - Photo by Camren Meier

Photo by Camren Meier

Ari Chi, who plays Shuffle in Tampa, Florida on March 15, 2024.

Kicking off Shuffle’s weekend-long, six-year anniversary party, Seek the Light Media—a woman-owned media company run by Creative Loafing Tampa Bay contributor Yvonne Gougelet—is hosting its first-ever Women In Music Showcase this weekend.

A press release notes that along with March being National Women’s Month, the acoustic-based event—which includes a set from uke-weilding songwriter Ari Chi—was partially inspired by the need to raise awareness around a constant lack of diversity on gig lineups.

There’s no cover to get into the Women In Music Showcase happening on Friday, March 15, but donations to keep Tampa’s beloved woman-owned shuffleboard hotspot up and running will be greatly appreciated.

To close out its anniversary weekend, Shuffle—located at 2612 N Tampa St.—welcomes Lauris Vidal, his one-man band, a special “Tom Waits giving a hug to Paul Simon” vocal style, along with Tribal Style—the reggae roots outfit that came up in the Southern California scene before becoming a staple in the Bay area.

There’s no cover for any of the Shuffle six-year anniversary concerts happening Friday-Saturday, March 15-16 at Tampa Shuffle.
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Congresswoman secures $5.5 million for St. Pete projects • St Pete Catalyst

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Six local projects that encompass everything from uplifting South St. Petersburg communities to clean energy initiatives will benefit from U.S. Rep. Kathy Castor’s federal appropriations success.

The congresswoman recently secured $14 million in area Community Priority Grants, with $5.5 million directly benefitting St. Petersburg organizations. Castor was particularly proud of receiving $1.5 million – her full ask – for the Enoch Davis Center.

The facility at 111 18th Ave. S. is named after a prominent local civil rights activist. Mayor Ken Welch called the center “vital but dated” when he announced plans in May 2023 to transform it into a state-of-the-art community hub.

“I love that one because I’m at the Enoch Davis Center a lot,” Castor told the Catalyst. “Those modern, up-to-date community centers are more important than ever.”

The federal grant will fund assessment, pre-construction and energy-efficiency costs. Welch previously noted the facility’s expansive upgrades will support neighborhood health and safety and provide “technology and tools to excel in our competitive 21st-century economy.”

Castor explained that the Inflation Reduction Act also allows local governments and organizations to receive rebates for sustainability efforts, like solar panels. “When you help the city save money, you help our neighbors save money, too,” she said.

“So, you’re going to see those kinds of investments … really ramp up,” Castor added. “And boy, do we need it – because our electric bills are out of sight.”

She also secured over $1.1 million for the Pinellas Suncoast Transit Authority. The agency will use the money to convert its bus fleet to electric motors.

The federal funding will also help PSTA electrify its St. Petersburg Pier tram system. Castor called it a “great demonstration” of clean energy benefits due to the vehicles’ “high profile.”

“I was out there on The Pier about a week and a half ago, and they run all the time,” she said. “They’re gas-powered. And if you’re sitting behind the engine, it’s not great.”

From left, PSTA CEO Brad Miller and Congresswoman Kathy Castor discuss the SunRunner service with local resident and frequent rider Christopher Winters. Photo by Ashley Morales.

The University of South Florida St. Petersburg emerged as a big winner in the grant cycle. The Coastal Resilience Data Visualization Center at the College of Marine Science and the Disrupt Human Trafficking Data Project will each receive $963,000.

Coastal Resilience Center officials will use the funding for scientific planning, threat simulations and public outreach activities. Castor noted the city and state are particularly vulnerable to more frequent and intense storms and sea-level rise.

In addition, the nation experienced the hottest February in recorded history. Castor said people need up-to-date information on where to build and live safely.

“Hopefully, this informs policymakers to help them steer development away from the most dangerous areas,” she said. “It comes back to how people are feeling in their pocketbooks, with insurance costs. We really have to give people better tools and a better understanding of what a changing climate will mean for them.”

USFSP’s Trafficking in Person’s (TIP) Risk to Resilience Research Lab will use the Community Grant funding to develop a statewide data repository called TIPSTR. The program will assist law-enforcement investigations, mitigate gaps in victim services, develop prevention programs and help discern the problem’s magnitude.

An $850,000 grant will support the Deuces Rising development, formerly the Sankofa project. It will provide 24 homeownership opportunities along the 22nd Street South (the Deuces) corridor for those earning below 80% of the area median income.

The public subsidy for each unit in the long-discussed development is just under $500,000. Castor said she “thought it was worthwhile to try to help lower the cost of the affordable housing portion.”

“This may turn out to be a one-two punch,” Castor added. “It (funding) is not at the level I sought. If it will qualify next year, I may come back and try to do another tranche for that.”

The Pinellas County Urban League will receive $81,130 for new computers and updated technological infrastructure. The goal is to increase reliable digital access to bolster economic opportunities in underserved communities.

Castor called the Urban League one of her “most valuable partners” in St. Pete. She said organizational leadership relayed their struggle to keep pace with continuously evolving technology.

Castor said securing the funding was easy as it aligned with congressional economic development initiatives. She also noted that the Urban League plays a prominent role in lowering local electricity costs by helping low-income residents weatherize their homes.

“The summers are so hot and go on for a longer period of time, and that impacts you if you work outside and want to enjoy our beautiful Sunshine City,” Castor said. “I don’t hear the climate skeptics that I used to … because the economics of it are right in front of them.”

U.S. Rep. Kathy Castor was named the American Council on Renewable Energy’s Renewable Energy Champion in March 2023. Photo provided.

 

 

 

 

 

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Over 20 St. Patrick’s Day parties happening in Tampa Bay in 2024 | Tampa

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St. Patrick’s Day is around the corner once again, and it’s always the best excuse to get a little buck-wild in between the forced romance of Valentine’s Day and the moral obligation of Easter and Mother’s Day. Dozens of bars, restaurants and other venues throughout Tampa Bay are throwing a wide range of parties, street festivals, brunches and even kid-friendly festivities to celebrate the beloved drinking holiday—and here are the best 20-ish celebrations we could find.

Did we miss your St. Patrick’s Day party? Submit your event to Creative Loafing Tampa Bay’s calendar, then email [email protected] to be added to this event roundup.

The ‘Biggest’ St. Paddy’s Day Party Palm Harbor’s go-to deli hosts a full week of food specials and live entertainment to commemorate its favorite holiday—from drinking tunes from The Irish Ramblers to bagpipe performances and traditional Irish step dance. Indulge in classic Lucky Dill dishes like its reuben egg rolls, hot pastrami sandwiches and corned beef and cabbage, plus whiskey tastings and giveaways on select days. Tuesday-Sunday, March 12-17. No cover. Various times. Lucky Dill Deli, 33180 US Highway 19 N, Palm Harbor. @LuckyDillDeli on Facebook

21st Annual MacPatrick Fest South Tampa hotspot MacDinton’s Irish Pub has been hosting its multi-day St. Patrick’s Day celebration for the past 21 years, and that just may be the median age of partygoers at 2024’s installment this weekend. Each day features its own drink specials, themes and giveaways, but Sunday’s “Green Kegs” breakfast, open bar and live entertainment is certainly the fest’s finale. Thursday-Sunday, March 14-17. 11 a.m.-3 a.m. $15 & up. MacDinton’s Irish Pub, 405 S Howard Ave., Tampa. macdintons.com

St. Paddy’s Punk & Roll Cage Brewing hosts its own mini-fest featuring over 15 local musicians that will take turns sharing its outdoor stage this weekend, plus booze-friendly eats courtesy of Kraken Joe’s Pizza. Friday-Sunday, March 15-17. Various times. No cover (RSVP encouraged.) Cage Brewing, 2001 1st Ave. S, St. Petersburg. cagebrewing.com

St. Patrick’s Weekend & Irish Coffee Stout Release Move over green beer, there’s a new holiday brew in town. Crooked Thumb Brewery releases its exclusive Irish Coffee Stout, plus live music and food trucks all weekend-long. Friday-Sunday, March 15-17. Various times. No cover. Crooked Thumb Brewery, 555 10th Ave S, Safety Harbor. crookedthumbbrew.com.

Sips & Shenanigans Brunch Get some grub before Tampa’s River O’Green festival at Melting Pot Social’s special holiday brunch, complete with bottomless green mimosas, corned beef and cabbage and other classic brunch fare. Saturday, March 16. 11 a.m.-2 p.m. $40. Melting Pot Social, 105 West Tyler St., Tampa. meltingpotsocial.com

Corey Avenue Street Party 2024’s rendition of this annual block party coincides with one of its longtime sponsors, Swigwam Beach Bar, but this all-day St. Patrick’s Day gig will definitely continue throughout Corey Avenue’s 300 Block. Soggy Bottom Boys, Beach Rats and Full Throttle provide entertainment. Saturday, March 16. 10 a.m.-11 p.m. No cover. 300 Block of Corey Avenue, St. Pete Beach. @SwigwamBeachBar on Facebook.

St. Patrick’s Day Party & Mini-golf Tournament Largo’s resident farm and petting zoo hosts way more than kid’s birthday parties, as evidenced by its debut St. Patrick’s Day celebration this weekend. Flex your putting skills at its mini-golf tournament or relax with a beer and plate of corned beef and cabbage. Saturday, March 16. 11 a.m.-9 p.m. No cover (farm tours cost $10 per person). DK Farms & Gardens, 1750 Lake Ave SE, Largo. dkfarmsandgardens.com

Get Lucky Block Party Whiskey shots out of an ice luge and an open bar from 5 p.m.-7p.m. are the main draws of Bar HWRD’s holiday banger, which can either be a launching pad or end cap for a night of partying in South Tampa. Saturday, March 16. 5 p.m.-3 a.m. $10-$20. Bar HWRD, 302 South Howard Ave., Tampa. barhwrdtampa.com

River O’Green The City of Tampa’s family-friendly river-dyeing party returns to Curtis Hixon Park this weekend with kid activities, live entertainment, food trucks and green beer (for the parents.) Saturday, March 16. 11 a.m.-6 p.m. No cover. Curtis Hixon Park, 600 N Ashley Dr., Tampa. tampasdowntown.com

St. Patrick’s Day Bash by the Beach This beach-adjacent hotel hosts a night filled with whiskey tastings, perfectly poured pints of Guinness, live music and Irish-themed cocktails. 7Saturday-Sunday, March 16-17. Noon-8 p.m. No cover, Eventbrite RSVP recommended. Wyndham Grand Clearwater Beach, 100 Coronado Dr.,Clearwater. wyndhamgrandclearwater.com

2nd Annual Paddyfest Perhaps one of the most—if not the most—kid-friendly St. Patrick’s Day celebrations returns to the heart of St. Pete this weekend, with tons of activities and entertainment in tow. Paddyfest St. Pete hosts a multitude of festivities including dozens of local vendors, food trucks slinging both Irish and American fare, whiskey tastings, a dedicated kids zone, live music and dancing, a wide variety of brews on tap and athletic performances from FSA Highland, a Florida-based organization that specializes in traditional Scottish sports like shot put, caber toss and sheaf toss.
Saturday-Sunday, March 16-17. Noon-9 p.m. No cover. Williams Park, 330 2nd Ave. N, St. Petersburg. paddyfeststpete.com

Mary Margaret’s St. Patrick’s Weekend This Central Avenue-adjacent bar offers Irish vibes year-round, but they’re usually kicked up a notch during its weekend-long party, which includes live music, bagpipers, specials like corned beef and cabbage and tons of Guinness to wash it all down. Saturday-Sunday, March 16-17. 9 a.m.-3 a.m. No cover. 29 3rd St. N, St. Petersburg. marymargarets.com

St. Patrick’s Weekend Both days of Slizzy Mcgees’ annual party features live music from Flo-Raw and Stealing Crowns, local food trucks, specials on traditional Irish fare and of course, tons of booze. Saturday-Sunday, March 16-17. 11 a.m.-3 a.m. No cover. Slizzy Mcgee’s, 1159 62nd Ave. N, St. Petersburg. @Slizzymcgees on Facebook

St Patrick’s Day Bar Crawl This bar crawl throughout The ‘Burg kicks off at Welcome to the Farm and continues at various neighboring bars in downtown St. Pete. Ticket holders get drinks at each stop, access to food specials and specialty, holiday-themed cocktails. Sunday, March 17. $9.99 & up. Welcome To The Farm, 242 1st Ave. N St Petersburg. pubcrawls.com

St. Patrick’s Day Open Mic Night A nice, sober or low-key option for St. Patrick’s Day if barhopping and late nights isn’t your jam. RSVPs are recommended for this free-to-attend open mic night with craft beer, wine and kava available for purchase.
Sunday, March 17. 3 p.m.-8 p.m. No cover. The Village Courtyard, Beach Boulevard South Gulfport. @villagecourtyard on Facebook

Flanagan’s St. Patrick’s Day Street Festival Billed as one of the “largest St. Patrick’s Day festivals in Florida,” Flanagan’s annual party features a full lineup of music and entertainment from noon-8 p.m. and lots of flowing green beer. Sunday, March 17. 11 a.m.-11 p.m. No cover. Flanagan’s Irish Pub, 465 Main St., Dunedin. @flanagansirishpub on Facebook

8th Annual Block Party If you aren’t ready to stop drinking after Paddyfest at Williams Park, then head to The Galley’s annual festivity complete with live music, plenty of Guinness, whiskey and Irish food specials. Sunday, March 17. 11:30 a.m.-3 a.m. No cover. The Galley, 27 4th Street N , St. Petersburg. @TheGalleyDTSP on Facebook

Sober St. Patrick’s Day No hangover, no problem. This Clearwater kava house hosts a laid-back holiday party filled with N/A drink specials and screenings of St. Patrick’s Day-themed movies. Sunday, March 18. 8 p.m.-midnight. No cover. Kava House Brand, 11141 US Highway 19 N #408 Clearwater. kavahousebrand.com

St. Patrick’s Day at Caddy’s on the Beach Caddy’s locations on Indian Rocks Beach (20025 Gulf Blvd.), Madeira Beach (14080 Gulf Blvd.), Treasure Island (9000 W Gulf Blvd.) and Johns Pass (190 Boardwalk PI.) all host their own holiday parties with cheap drinks, raffles, giveaways, live entertainment and free green tea shots for anyone rocking the color of the evening. Sunday, March 17. 11 a.m.-1 a.m. No cover. Various locations. caddys.com

O’Briens Irish Pub’s annual St. Patrick’s Event Step dancers, bagpipers and local acts like Noodles Magoo, The Headbang, Wyndbreakers and Nicaea provide the entertainment this weekend at Carollwood’s O’Briens Irish Pub, which just celebrated its 33rd anniversary. Sunday, March 17. 11 a.m.-2 a.m. $20. O’Briens Irish Pub, 15435 N Dale Mabry Hwy., Tampa. obrienspubstampa.com

O’Maddy’s Annual Waterfront Party Waterfront gulfport pub O’Maddy’s hosts one of the most popular St. Patrick’s Day parties each March, and 2024’s rendition offers plenty of flowing green beer, Irish fare and music from Pete & Dean Trio, Horses Wild and The Horny Toads. Sunday, March 17. 10 a.m.-midnight. No cover. O’Maddy’s Bar & Grille, 5405 Shore Blvd. S, Gulfport. @omaddys on Facebook

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