COMMODORES ENTERTAINMENT CORPORATION, Plaintiff-Counter Defendant Third Party Defendant Appellee, versus THOMAS MCCLARY, FIFTH AVENUE ENTERTAINMENT, LLC, Defendants-Counter Claimants Third Party Plaintiffs Appellants, DAVID FISH, an individual, et al., Third Party Defendants., 822 Fed. Appx. 904

Summary

HOLDINGS: [1]-In a trademark case, the district court properly denied defendant former band member's motion under Fed. R. Civ. P. 60(b)(5) and (b)(6) to modify the scope of a permanent injunction to exclude specified countries because the motion was not filed within a reasonable time as Rule 60(c)(1) required; [2]-Because disposing of the suit without joining an original band member under Fed. R. Civ. P. 19 did not impede that member's ability to later assert any claimed interest in the marks, the court did not abuse its discretion in denying the motion dismiss for failure to join an indispensable party; [3]-The district court did not err in granting summary judgment in favor of the band's corporate entity; there was no genuine dispute of material fact because defendant had presented no evidence to dispute the contention that he was no longer a shareholder.