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If Billie Eilish still plays the Garden next week, her merch vendor has a court order to go after bad guys selling unauthorized items on Causeway

The company that has a contract to sell Billie Eilish stuff got a court order yesterday that will let it and police go after anybody selling unauthorized merchandise outside the Garden on March 19, when she has a concert scheduled.

A federal judge in Boston yesterday granted Bravado International Group Merchandising Services, Inc. a temporary restraining order against "John Does 1-100" and "Jane Does 1-100," as well as against "XYZ Company," that bars people from selling ersatz Eilish merch without its permission, under federal trademark.

To win the order, the company had to prove how it would be harmed by knock-off stuff:

The Artist has a decidedly strong and loyal following among those who attend popular music concerts and record buyers. The Artist has appeared in concerts at major arenas and stadiums in the United States, and throughout the world and has been seen and heard in concert by millions of popular music enthusiasts. The previous tours by the Artist were attended by hundreds of thousands of people.

As a result of the foregoing, each of the Artist's Trademarks has developed and now possesses secondary and distinctive meaning to purchasers of merchandise bearing any of the Artist's Trademarks. Plaintiff and the Artist annually realize substantial income from sale of Authorized Tour Merchandise bearing the Artist's Trademarks.

The concert is still listed on the Garden Web site, although so are Celtics games, even though the NBA has suspended all games and the Celtics themselves are now in self-quarantine.

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PDF icon The TRO248.72 KB


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Comments

the Wang on May 14 has been cancelled. Crap. I had awesome seats, too.

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I'm going to that show too, but haven't gotten anything via e-mail about a Boston show cancellation - I did get one from them yesterday saying the "NorthWest" tour dates have been cancelled, which they also posted on their Twitter (https://twitter.com/theebikinikill/status/1237859171225063426). The Boch center site itself still has that show listed as on sale, whereas Image China has it listed as cancelled. So you're still in luck (at the moment), and enjoy your awesome seats!

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The only thing I've heard so far is that they've cancelled the shows in the northwest over the next few weeks. I haven't seen anything about the later shows in May being cancelled yet.

https://twitter.com/theebikinikill/status/1237859171225063426

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cancelled its upcoming Lobstah Roll tournament and has an uncertain future overall.

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I went to Bob Seger at the Garden a couple months ago. The first T-shirt seller approached us about 2 blocks away and they got heavier as we got closer. On the way out, one of them had come in the "out" door and went up to a stair landing one flight up to sell shirts in the long stairwell you descend to exit. It's probably time to knock that back to one or two guys in the shadows hawking their bootleg merch.

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Bootleg t-shirts have been part of the concert scene for years. I have old Devo and Zappa shirts that cost $5, look lousy and are all bent out of shape if they haven't shrunk to the size of a handkerchief.

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Ridiculous ticket surcharges?

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I thought there had to be a way to purchase concert tickets at face value (assuming a show isn't sold out.) Boston Calling has no place you can go and just buy a ticket for the face value. You must pay their high fees. Seems illegal to me.

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Bad Guy 1-100

Duh.

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