Soul music legend Sam Moore has lost his latest appeal in his trademark battle against movie mogul Harvey Weinstein over 2008 film Soul Men.
The former Sam & Dave star, who is widely known as 'The Legendary Soul Man', filed suit against executives at The Weinstein Co. and Mgm amid allegations they based the plot of the movie on the story of his career with longtime singing partner Dave Prater, Jr.
A judge in Tennessee dismissed Moore's claim last year (12), ruling the picture, which featured Samuel L. Jackson and the late Bernie Mac as a bitter former duo forced to reunite, "contains no direct references to Sam & Dave or Sam Moore", but the 78 year old continued to fight the decision and took his case to the U.S. 6th Circuit Court of Appeals.
However, on Thursday (31Oct13), officials agreed to uphold the Tennessee ruling and dismissed the case.
Grammy Award winner Moore also claimed the film's title and soundtrack violated his 'Soul Man' trademark.
In her decision on Thursday, judge Deborah Cook stated, "Without a doubt the movie added significant expressive elements to any purported use of Moore's identity."