Robins Kaplan LLP is pleased to announce a complete settlement victory on behalf of its client legendary Mexican musical group Banda Maguey and its band members Fernando Guardado, Jose Rosario Cisneros, and Luis Antonio Plasencia. The resolution concludes two-and-a-half years of litigation against multiple defendants in two cases centered on the unauthorized use of the Banda Maguey name and brand in the United States, and entailed related proceedings before the United States Patent and Trademark Office and various tribunals in Mexico.
Filed in the U.S. District Court for the Central District of California, the first lawsuit asserted claims for copyright and trademark infringement, misappropriation of likeness, intentional interference, and other claims against former band members. The second action set forth claims for direct and derivative trademark and copyright infringement, intentional interference, and other torts against the defendant musical talent agency and its owner. Plaintiffs alleged that the defendants had exploited their reputation and brand equity by performing, recording, and promoting themselves in the U.S. under the Banda Maguey name without authorization, and that certain defendants had engaged in threats and intimidation tactics and a scheme to sabotage our clients’ tours throughout the United States.
On September 16, 2025, the parties in both actions finalized a settlement under which all defendants fully relinquished any rights or claims to the Banda Maguey brand in the United States. The result ensures that our clients maintain exclusive control over the Banda Maguey name and associated intellectual property in the United States, as well as their name, image and likeness, thus protecting the legacy and future of the band.
“This was a hard-fought dispute over artistic identity, cultural legacy, and brand integrity,” said David Martinez, lead counsel for the plaintiffs and partner at Robins Kaplan. “We are proud to have secured full vindication for our clients. The resolution confirms that our clients, the architects of Banda Maguey’s sound and success, are the only ones legally entitled to perform and promote under the iconic Banda Maguey name in the United States.”
The band intends to continue enforcing their rights in the United States, including filing a recent lawsuit against a prominent ticketing agency.
Banda Maguey and its band members were represented by David Martinez and Daniel Allender of Robins Kaplan LLP, as well as Banda Maguey’s general counsel Darel Guardado.
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