Several months after the partial reinstatement of Rosa Parks lawsuit against Outkast, a trial date has finally been set.
As previously reported, Parks is suing Kast for their 1998 hit song, "Rosa Parks." Though the song doesn't make any direct reference to Parks, the civil rights icon feels defamed by a reference to her in the song's chorus which sings, "Ah-ha, hush that fuss. Everybody move to the back of the bus."
jury has been selected for a January 10th trial. However, certain details have yet to be worked out. Parks' lawyer won't allow her to be questioned by Kast's lawyers due to a medical condition, for which they won't reveal specific details. U.S. Magistrate Judge Donald A. Sheer will hold a hearing to determine whether Parks will have to give a deposition on July 13th.
Initially, Parks claimed that Andre 3000 and Big Boi violated her trademark rights and defamed her. After losing the first trial in federal court, a three-judge panel in the 6th U.S District Circuit Court of Appeals in Cincinnati reinstated part of the suit earlier this year. Parks now wants all references to her removed from future records. Outkast has long argued the song doesn't contain any false advertising, doesn't violate Parks' publicity rights and that it is protected by the First Amendment.
In December 1955, Parks was arrested for refusing to give up her seat to a white man on a city bus in Montgomery, Ala. Her arrest was followed by a 381-day boycott of city buses by blacks and prompted court rulings to change the segregation laws in public transportation nationwide.
Parks' lawyers have also filed a list of proposed witness that include Parks herself and politicians like Detroit Mayor, Kwame Kilpatrick, U.S. Senator Hillary Rodham Clinton and TV personality Oprah Winfrey.
here is another:
Hip-hop duo Outkast's label Arista Records have been given a January 10 trial date for the start of a courtroom showdown against civil rights icon Rosa Parks.
Parks claims Outkast violated her trademark rights and defamed her when they named a song from their 1998 album, 'Aquemini,' after her. The group's lawyers want to question Parks, 91, but so far her legal representatives refuse to allow it, citing medical reasons.
A July 12 hearing has been set to decide whether Parks can be compelled to give a deposition in the case.
Meanwhile, Parks has filed a star-filled witness list that includes Hillary Clinton and Oprah Winfrey.
In December, the Supreme Court refused Outkast's plea to dismiss the lawsuit.