KISS, the world famous rock group, though its licensing agent brought suit in the Federal Court in Detroit, where the "KISS" legend began, against Marc Scallatino and a photographer named in an unauthorized book about the rock group KISS containing KISS photographs taken in 1974 to 1981.
We had no choice but to bring this suit against Mr. Scallatino, a spokesman for KISS said, because Mr. Scallatino was repeatedly warned that an unauthorized publication of "KISS" photographs in a book about "KISS" would violate the exclusive rights of the KISS licensing agent, including the federally registered trademarks covering the distinctive "KISS" logo and the distinctive face paint designed by the members of "KISS." Mr. Scallatino ignored the warnings.
A spokesman for KISS also said we have made a considerable effort in time and money to protect the public from counterfeit "KISS" merchandise, including registering the "KISS" trademarks around the world. We cannot simply ignore Mr. Scallatino's willful violation of the rights of "KISS" after he was repeatedly warned.
The suit also names Janet Macoska, a famous photographer of rock bands, as a defendant. After the lawsuit was filed, Ms. Macoska contacted attorneys for KISS and indicated that, although her name appears in the book as one of the photographers, she had no knowledge of the book and never consented to publication of Mr. Scallatino's book, and, she warned Mr. Scallatino that if he publishes her photographs of "KISS" in any book without consent of "KISS," it would violate the rights of KISS. Based on Ms. Macoska's cooperation and the evidence she has provided showing she was not involved in the unauthorized publication of "KISS" photographs in the book about "KISS", we are dismissing the claims against Ms. Macoska, but proceeding against Scallatino.
Kiss is represented by attorneys Patrick M. McCarthy, Raymond E. Scott, and Gregory D. DeGrazia of Howard & Howard Attorneys PLLC.
