Houston partner Barry Flynn secured a temporary restraining order and will now pursue monetary damages at trial for the estate of Dusty Hill, founding member of the iconic Texas blues rock band ZZ TOP.
ZZ TOP has performed for over 50 years all over the world, sold tens of millions of albums, performed at presidential inaugurations, were declared Texas Heroes and were inducted into the Rock & Roll Hall of Fame in 2003.
Dusty Hill died in 2021. Very recently three sellers and auction houses have been attempting to sell memorabilia, furniture, and artwork they claim came from the Dusty Hill's estate, his family, and ZZ TOP. The use of those names, likeness and images, including the band's logo had not been approved or authorized. The scheduled sales had been widely advertised on television, radio and over the internet.
Flynn sued claiming that such unauthorized uses of the name, image and likeness of Dusty Hill and ZZ TOP violated the Texas Property Code. A District Judge granted Flynn’s clients a temporary restraining order prohibiting such use for a scheduled sale as well as for other such sales schedule in the near future. Damages will be assessed at a later date.
Flynn is board certified in Civil Trial by the Texas Board of Legal Specialization and a Fellow of the American Board Of Trial Advocates. Houston partner Chris Raney assisted Flynn with the pleadings.