Wednesday, August 31, 2011 1:50 PM PT
Not Cool, Say Heirs of Miles Davis

     (CN) - Miles Davis Properties claims a Manhattan club is cashing in on the jazz legend's moniker.
     The owner of Davis' trademarks sued Miles Café and its owner, Satoru "Miles" Kobayashi, in Federal Court in Manhattan.
     Davis died in 1991 at the age of 65. Two of his children and a nephew run Miles Davis Properties, which is based in Bala Cynwyd, Pa.
     In addition to trademarking the singer's name, Miles Davis Properties also owns the "Silhouette Profile" of Davis playing his trumpet, which he used on album covers and ads throughout his career.
     Miles' Café opened in Midtown in April 2010, featuring the "Silhouette Profile" in its logo, according to the lawsuit.
     Davis' heirs say Kobayashi changed his first name to Miles, claiming that the legendary Davis appeared to him in a dream.
     Miles Davis Properties "has demanded that defendants stop engaging in their unauthorized exploitation of MDP's Miles Davis mark, but defendants have refused to stop their conduct," according to the complaint.
     Kobayashi and Miles Café have committed trademark dilution, false advertising and Lanham Act violations. The plaintiffs are seeking injunctive relief and the destruction of all of the "confusingly similar" Miles Café advertising and merchandise.
     Davis won eight Grammys. His 1959 album "Kind of Blue" has sold more than 4 million copies.
     He was inducted into the Rock & Roll Hall of Fame in 2006 and was declared a "national treasure'' by the U.S. House of Representatives in 2009.
     Mark S. Lee of the Los Angeles law firm Manatt, Phelps and Phillips and Kimo Peluso of New York are representing Davis' family.