Mandell Menkes successfully defends record label against a motion for a TRO

Mandell Menkes successfully represented Green Label Sound, a record label affiliated with PepsiCo, Inc., and Cornerstone Industries, Inc., in opposing a motion for TRO that sought to enjoin the release of an album on the eve of its scheduled release date.


The music group, The Cool Kids, previously had a contract with the label Chocolate Industries.  The Cool Kids filed a declaratory judgment action against Chocolate in 2009, seeking a declaration that the contract is no longer in effect; that action remains pending in the Circuit Court of Cook County.  In that action, Chocolate unsuccessfully sought a TRO to prevent The Cool Kids from releasing music through entities other than Chocolate. 


The Cool Kids first released a single through Green Label Sound in February 2011.  Although Chocolate knew about the group’s relationship with Green Label Sound, it delayed until July 8, 2011 – the Friday before a scheduled Tuesday album release – to present its motion for TRO.  Judge Michael B. Hyman of the Circuit Court of Cook County denied the motion because Chocolate had failed to file a complaint and properly institute an action against Green Label Sound. 


Chocolate then refiled its motion and a complaint alleging tortious interference with contract the following Monday, July 11.  Green Label Sound immediately removed the matter to federal court.  The same day – just one day before the planned release of The Cool Kids’ album – Mandell Menkes successfully argued that the court should deny the motion for TRO because of Chocolate’s delays and its failure to establish that GreenLabel Sound had been the cause of any alleged breach of the contract between The Cool Kids and Chocolate.  U.S. District Court Judge Gary Feinerman denied Chocolate’s motion.


Steve Mandell of Mandell Menkes represented Green LabelSound, with the assistance of Natalie Harris and Shari Albrecht.  Also representing Green Label Sound in this matter is the New York law firm of Caplan & Ross, LLP.