When the Grateful Dead visits a city, it sends its lawyers in first.
The band filed a federal lawsuit this week against anyone who might sell unauthorized Grateful Dead memorabilia at any of the band's concerts scheduled Feb. 19, 20 and 21 at the Delta Center.The band is asking U.S. District Judge David Winder to issue temporary restraining orders to representatives of the band, said Robert Thorup, attorney for the band.
Band employees will roam the concert, armed with the restraining orders. If they see someone selling unauthorized memorabilia, such as T-shirts or bumper stickers, they can seize the merchandise and serve the vendor with the restraining order.
The band even wants to seize the vendor's car or truck. "Whatever it takes to shut the program down," Thorup said.
A hearing will be held after the concert to see who really owns the property - the vendor or the Grateful Dead. But vendors rarely show up to claim their merchandise, Thorup said. To show up is to face possible prosecution for federal trademark infringement.
They do get their cars back.
The Grateful Dead routinely files such lawsuits to protect profits and make sure fans get the real thing when they buy a Grateful Dead T-shirt at a concert, Thorup said.
"Every dollar spent on forged, fraudulent material is a dollar kept away from the Grateful Dead, who has gone to the trouble of getting this stuff for their fans."
Ironically, peddlers can't peddle, but fans can tape. The Grateful Dead is one of the few bands that allows fans to bring tape recorders to the concert.