ILNews

COA sides with Live Nation in naming dispute

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has affirmed the trial court’s dismissal of the Murat Temple Association’s claim that Live Nation Worldwide violated terms of its lease agreement.

MTA claims that Live Nation, which leases the MTA’s Indianapolis 1909 Murat Theatre Building and 1922 Mosque Building, breached its contract when it sold naming rights for those spaces to Old National Bank. But according to terms of the lease, Live Nation is entitled to the rights “enjoyed by the owner of the building,” and therefore is entitled to publicly rename the premises, the appeals court held.

The dispute began in January 2010 when MTA learned that Live Nation was planning to sell naming rights to part or all of the Shrine Center. On January 28, 2010, MTA delivered a letter to Live Nation stating that MTA’s approval was required for any name change of the leased premises.

On March 16, 2010, Live Nation announced that it had entered into a naming rights agreement with Old National. On that same day, MTA sent a letter to Live Nation and Old National objecting to any name change to the leased premises and asserting that Live Nation lacked the right to rename the leased premises. Nevertheless, Live Nation placed a marquee on the Mosque Building bearing the name “Old National Centre.”

Subsequently, MTA filed a complaint against Live Nation and Old National. MTA accused Live Nation of breach of contract and conversion. MTA accused Old National of conversion, tortious interference with a contractual relationship, and tortious interference with a business relationship.

MTA maintains that by placing a new marquee on the building bearing the name “Old National Centre” and by using the name “Old National Centre” in advertising, Live Nation has effectively and inappropriately renamed the entire Shrine Center, rather than just the leased premises. The appeals court held that according to Article XII of the lease, Live Nation was authorized to place “signs and advertising matter” “upon any part of the leased premises.” The public may perceive the Shrine Center differently due to the installation of the marquee and Live Nation’s use of the Old National Centre name in advertising, but regardless of the public’s perception, Live Nation has not exceeded the scope of its rights under the lease, the appeals court held.

The appeals court stated that in any conversion action, criminal intent is an essential element that must be proven. In Murat Temple Association, Inc. v. Live Nation Worldwide, et al., No. 49A02-1008-PL-952, the MTA alleged that Live Nation and Old National both knew that MTA had objected to their negotiations and had told them that Live Nation had no authority to sell naming rights for the Shrine Center in whole or in part. MTA further alleged that despite that knowledge of MTA’s objection, Live Nation and Old National intentionally and knowingly executed a naming rights agreement, thereby exerting unauthorized control over MTA’s right to publicly name the Shrine Center. However, because the lease authorizes Live Nation to rename the leased premises, MTA’s conversion claim fails, because neither Live Nation nor Old National exerted unauthorized control over MTA’s property, the appeals court held.

The appeals court stated that Section 1.01 of the lease agreement provides a broad grant of authority to Live Nation, including naming rights, and the parties negotiated only one limitation on naming rights, in Section 3.02, which states that Live Nation must retain the phrase “Murat Theatre” in the name of the 1909 Theatre Building. But that clause applies only to “theatre business within the leased premises,” not the entire leased premises.

“Presumably, if MTA had intended to further restrict Live Nation’s authority to rename all or part of the Leased Premises, the parties would have added additional limitations,” the COA wrote in its opinion.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT