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Legal Dispute Arises Over “Buena Vista Social Club” Name
A legal clash has erupted in Los Angeles Federal Court as a lawsuit seeks to prevent the acclaimed Broadway musical “The Buena Vista Social Club” from utilizing its moniker. The complaint, obtained by The Post, was initiated by the touring ensemble Jesus “Aguaje” Ramos & His Buena Vista Orchestra. This legal action serves as a countermeasure to cease-and-desist letters issued by World Circuit, the BMG-affiliated record label that holds the trademark for “Buena Vista Social Club” and licenses it to the Broadway production. World Circuit aims to compel the orchestra to discontinue using their similarly named title, escalating a trademark dispute within the entertainment industry.
Trademark Renewal Under Scrutiny
Music corporation BMG has possessed the trademark since 1999. However, the orchestra’s representatives assert in their legal filing that the agency employed “fraudulent” tactics to secure its renewal in 2023.
According to the lawsuit, BMG allegedly made “misrepresentations” in its trademark renewal application. The application purportedly stated the trademark was for “live [concert] performances,” despite the Broadway show being a theatrical musical production rooted in a script or book.
Broadway Show’s Success
The Broadway production has consistently performed to sold-out audiences at the Gerald Schoenfeld Theatre. Critics have lauded the show for its vibrant portrayal of Havana culture through captivating music.
Cease-and-Desist Letters Spark Legal Action
The disagreement, which commenced the previous year, escalated into a legal entanglement after a BMG attorney, Jonathan S. Pink, cautioned the orchestra in a letter dated March 13. Pink’s letter deemed the orchestra’s “ongoing utilization of ‘Buena Vista’ in connection with its musical performances and associated marketing as unacceptable.”
Pink posited that the use of the “Buena Vista” designation “by a spinoff band” could engender “consumer confusion” within the marketplace.
Orchestra Defends Name Usage
Steven Machat, the producer overseeing the orchestra tour, argues that BMG’s trademark specifically pertains to the complete phrase “Buena Vista Social Club” and not to the isolated term “Buena Vista.” He clarifies that “Buena Vista” is a reference to a district in Havana, Cuba, the birthplace of the distinctive dance music genre.
“They control the four-word phrase, but not the individual two words in isolation,” Machat explained to The Post.
Machat’s non-profit organization, SSK, is requesting the court to dismiss BMG’s claims of trademark violation and is pursuing a jury trial concerning its allegations against BMG.
Machat, whose prior experience includes collaborations with notable artists like Peter Gabriel, Genesis, and Snoop Dogg, emphasized his efforts to preempt any ambiguity between his production and the Broadway musical.
Compromise Attempt Rejected
In the preceding year, the orchestra explored a potential resolution by removing “Social” from its title. However, this amendment failed to satisfy BMG’s concerns.
“I have made it unambiguously clear that we are distinct from the Buena Vista Social Club,” he asserted.
Michael Machat, Steven’s brother and SSK’s legal representative, conveyed to BMG, “’Buena Vista’ is a geographical location, analogous to ‘New York’. The analogy can be drawn to the band ‘New York Dolls’. Applying your rationale, another ensemble originating from New York would be prohibited from adopting a name like ‘New York X’, simply because ‘New York’ is already in use.”
“Buena Vista” Common Usage
The orchestra further contends that the designation “Buena Vista” is broadly employed by diverse entertainment entities, citing examples such as the Disney studio and a touring performance group known as the Buena Vista All-Stars.
BMG representative Pink has not yet issued a response regarding the orchestra’s recently filed lawsuit.
Touring Success and Future Performances
The touring orchestra achieved sold-out performances across numerous venues during its 2024 tour spanning the US and Canada. They have scheduled an additional 50 performances for the current year, potentially including a charity engagement at Donald Trump’s Mar-a-Lago estate in Florida.
Inspiration from Renowned Album
Both the Broadway production and the touring orchestra draw inspiration from the Grammy-winning 1997 album “The Buena Vista Social Club.” This album is a compilation of Cuban dance music masterminded by American jazz composer and guitarist Ry Cooder, solidifying its influence on the current trademark dispute.