In Sullivan v. CBS Corp., U.S. Court of Appeals for the Seventh Circuit heard a trademark infringement action brought by the rock band Survivor against producers and distributors of the reality television show "Survivor." You might remember Survivor's smash hit "Eye of the Tiger" from Rocky III (the one with Mr. T as Clubber Lange).

Plaintiff Frank Sullivan, a driving force behind the band, is the registered holder of the mark SURVIVOR, which encompasses "Entertainment services: namely providing band and/or musical services." Sullivan brought this action against CBS et al. for trademark infringement, federal and common law trademark dilution, unfair competition, and deceptive trade practices -- all of which were denied at summary judgment. Only the trademark infringement and dilution theories are at issue in this appeal.

Although he had the eye of the tiger, Sullivan was not able to establish a likelihood of confusion as to the origin of "Survivor" TV series CDs or merchandise related to the show. TKO to CBS, and there probably won't be a rematch.

Meet Frank Sullivan's Chicago attorney and one of the lawyers for CBS.