Saturday, March 29, 2014

March 29 - Weekend Charts

The new Legacy Edition of "Live On Stage In Memphis" entered the charts in three countries; in Austria at #72, in Switzerland at #73 while the CD entered the Italian Album charts at #86. 

The compilation "The Nation's Favourite Elvis Songs" dropped from #58 to #70 on the official UK Album chart. 

(Source: The King's World / FECC)

Friday, March 28, 2014

March 28 - New Office For EPE

Elvis Presley Enterprises has filed a $670,000 permit application with the city-county Office of Construction Code Enforcement to build a new studio building on land north of Graceland. The permit, which lists Flintco Inc. as the general contractor, comes about four months after New York-based Authentic Brands Group – the company that owns Elvis Presley’s intellectual property and the rights to operate Graceland – announced plans for upgrades around the mansion.

The property at 3674 Elvis Presley Blvd., which served as a car lot in the past, is among several parcels Elvis Presley Enterprises bought in 2006, just before the onset of the national economic downturn. Several apartment complexes on both sides of Elvis Presley Boulevard were also purchased and the units later demolished as CKX Inc., which at that time owned 85 percent of EPE, announced plans for a $250 million overhaul that would leave the mansion intact but create a resort-style area of entertainment, hotels and restaurants around it.

That plan stalled, and CKX sold its majority ownership of Elvis Presley Enterprises to Apollo Global Management, which rebranded its efforts as CORE Media. Authentic Brands Group bought the assets in November, and executives immediately announced general plans for the area around the mansion similar to the CKX plan. The scale of the plan still isn’t known, with Authentic Brands executives saying they could release more details in August.

(Source: Memphis Daily News / ElvisMatters)

Wednesday, March 26, 2014

March 26 - Follow That Mess

The Follow that Dream collectors label messed-up the first tracks of the first disc of the double CD set "Destination U.S.A.". Fortunately the error will be corrected. 

From the label:
"It has come to our attention that track 1 and 2 of Disc 1 for Destination USA have been duplicated incorrectly from our ‘Sold Out' CD. Please be advised that we are manufacturing Disc 1 replacements ASAP and these will be sent out with our new April releases. We apologise for any inconvenience this has caused".

The label also messed-up with the Classic Album re-issue of "Elvis". The running time of the ten songs on the second disc is 2:46 for all tracks according to the tracklisting on the cover.

(Source: Elvis Telegraph / ElvisMatters / FECC)

Monday, March 24, 2014

March 24 - The Beer Collection

Due from  Twentieth Century Fox on April 9, 2014 is the seven disc DVD box "The King Collection", also available as "The Legendary Collection". It contains the movies "Love Me Tender", "Flaming Star", "Wild In The Country", "Follow That Dream", "Kid Galahad", "Frankie And Johnny" and "Clambake". 

Dutch Beer Ad      

What do Tupac Shakur, Marilyn Monroe, Bruce Lee, Kurt Cobain, John Lennon and Elvis Presley have in common? They all love fruit-flavored Bavaria Radler beer, apparently.

A new advertisement from Dutch brewer Bavaria tells the tall tale that everyone’s favorite pop culture figures aren’t dead at all, but have instead absconded to a desert island where they can sit in the sun and drink fruit-flavored beer all day and rub sunblock on each other and hide away from civilization.

On YouTube, Bavaria said: “We all know the stories and theories surrounding the death of certain stars. But what’s the real story? This Bavaria Radler commercial makes it clear once and for all.”

(Source: Elvis Club Berlin / Amazon / FECC)

Sunday, March 23, 2014

March 23 - The Eagle's Nest Sold Once More

The full-length, bejeweled cape made for Elvis' 1973 Aloha From Hawaii concert - but so heavy that Elvis did NOT wear it - failed to sell at this week's auction that ended yesterday. While bidding on the cape topped $90,000, it fell short of the reserve price set by the seller, according to the Boston-based auction house RR Auctions. The seller and the highest bidder are now trying to negotiate a price.

The opening price for the cape was $10,000. The reserve price was not disclosed. The cape is heavily inlaid with semi-precious stones arranged in the form of an American eagle. It weighs 12 pounds and proved to be too heavy for Presley to wear. The cape’s weight threatened to pull him over backwards in rehearsal. So the cape’s designer, the renowned costume maker Bill Belew, quickly made the shorter, lighter version of the cape that Presley actually wore during the concert. Note that at Julien's auctions in 2013 it was offered for $130,000 - $140,000.


The UK album release “The Nations Favourite Elvis Songs” dropped from #49 to #58 on this weeks Official UK Album Chart. 

The new Sony Legacy release "Elvis - Recorded Live On Stage In Memphis" is a new entry at #74 selling 1,289 copies on the Official UK Album chart.

The DVD "The King Of Rock ’n’ Roll" dropped off the Australian Music DVD chart after re-entering it once more last week.

Peter Morton, Hard Rock Cafe founder, has on-sold Elvis' LA mansion making a neat $4.7Million profit in under 18 months. Just over a year after he bought Elvis Presley's old Beverly Hills mansion for $9.8 million, Hard Rock Cafe founder Peter Morton has flipped the property for a tidy property, according to real estate blogger The Real Estalker. 

The home reportedly sold off-the-market to a corporate entity for $14.5 million. Morton was rumored to be tearing down the historic home, but it seems that luckily those plans never panned out. The home, which has four bedrooms, five bathrooms, and spans 5,367 square feet, sold to Morton in December 2012 for significantly less than the initial $13million asking price.

(Source: RRAuction / Elvis Information Network / Brian Quinn)

Friday, March 21, 2014

March 21 - Octagonal Celebration

The Art Of Music announced the release of "Elvis Presley - Blue Octagonal Shaped VI" on April 29, 2014. This octagonal vinyl release comes in blue. 

Tracks side A:
Blue Suede Shoes - I´m Counting On You - I Got A Woman - One Sided Love Affair - I Love You Because - Just Because
Tracks side B:
Tutti Frutti - Tryin´ To Get To You - I´m Gonna Sit Right Down And Cry - I´ll Never Let You Go (Little Darin) - Blue Moon - Money Honey

The postponed yellow Octogon-shaped version was released.


1. That’s Alright 2. Blue Moon Of Kentucky 3. I Don’t Care If The Sun Don’t Shine 4. Good Rockin’ Tonight 5. Milkcow Blues 6. You’re A Heartbreaker  7. I’m Left, You’re Right, She’s Gone 8. Baby Let’s Play House 9. Mystery Train 10. I Forgot To Remember To Forget

Anniversary DVD

released as part of Metro-Goldwyn-Mayer ’s (MGM) 90th anniversary is a three movie DVD containing three movies, originally released by United Artists; "Follow That Dream" (1962), "Frankie And Johnny" (1966) and "Clambake" (1967).

(Source: Elvis Club Berlin / The King's World)

Thursday, March 20, 2014

March 20 - Original(s) Release

Due from the Membran budget label on May 9, 2014 is a 10 CD box-set entitled "15 original Albums". According to Amazon it contains  15 original albums and bonus track, probably the usual EU public domain material recorded between 1956 and 1962.

(Source: Amazon)

Wednesday, March 19, 2014

March 19 - Elvis Sammlung

Volume 58 in the German Elvis Sammlung series was released. This volume contains a magazine, memorabilia reproductions, a postcard and a mini-poster for a concert in Virginia.

(Source: Elvis Sammlung)

Tuesday, March 18, 2014

March 18 - Destination Elvis

The March 2014 Follow That Dream releases are out. The classic "Elvis" as a double disc release in the Classic Album Series, with a live concert recorded at Hirsch Coliseum - Youth Center,
 Louisiana State Fairgrounds, Shreveport, December 15, 1956. 

"Destination USA", a double CD release documenting the the experience when many Elvis fans from around the world had when they saw Elvis for the first time in Las Vegas with a concert from September 4, 1972 and several never-before-released songs from the February Las Vegas Season and rehearsals from August 2nd and 3rd 1972.

Also out is the vinyl re-issue of the classic "Back In Memphis" as a Special Edition 2 LP on 180 gram vinyl in a deluxe gatefold cover. 

(Source: FECC / The Elvis Shop London)

Monday, March 17, 2014

March 17 - Der Colonel

Released through the German B+U Verlag is the book "Der Colonel - Die außergewöhnliche Geschichte von Colonel Tom Parker und Elvis Presley".

(Source: B+U Verlag / Elvis Memories)

Saturday, March 15, 2014

March 15 - Sin Cities Hottest Elvis Vinyl

Due from the Art Of Music label is a vinyl re-issue of the classic "Elvis" album. It is due May 8, 2014. 

On April 8, 2014 the album on 180g. vinyl is also due on vinyl from the Wax Time label. This version comes with four additional bonustracks.

Sin City’s Hottest Ticket Released

The earlier announced Straight Arrow import release "Sin City’s Hottest Ticket" has been released! This release contains "booth recordings" of both the Dinner and Midnight Shows August 23, 1973 in Las Vegas.

  • The CD "The Real... Elvis" dropped out of the Irish Album charts after it's re-entry at #91 last week. 
  • The DVD "The King Of Rock ’N’ Roll" re-entered the Australian Music DVD chart at # 40
(Source: Amazon / The King's World / Elvis And His Music / ARIA / The King's World)

Friday, March 14, 2014

March 14 - A Legacy From Memphis

The Legacy Edition of the classic "Elvis Recorded Live on Stage in Memphis" was released.

From the press-release:
Elvis Recorded Live On Stage In Memphis presents one of the most legendary performers of all time in his home town of Memphis where it all began. Not only does this 2CD Legacy Edition set feature tracks not included on the original album, it also features previously unreleased material and a 24 page booklet with rare photos, previously unseen memorabilia, new liner notes, press clips and more.

His attention to detail and showmanship is very evident on this release as Disc 2 shows him performing hits such as “The First Time Ever I Saw Your Face” and “Softly As I Leave You” for an upcoming Las Vegas engagement in preparation. Furthermore, the entire recording is actually a full scale live recording “test run” in front of a live audience in preparation for his historic concert return to Memphis, where he’d last played live in 1957.

The remarkable performance was recorded in MONO, drenched in the reverb Elvis preferred, and provides new insight into the magic of Elvis. This specially remastered release is available from 17th March 2014, exactly 40 years since the original performance was recorded.


The album "The Nation's Favourite Elvis Songs" climbed from #149 to #113 on last week's UK Album Chart.

The "Elvis 30 No.1 Hits" re-enters the UK Album Chart at #162 for week-ending 16th March, 2014.

(ElvisMatters \ Brian Quinn \ FECC)

Thursday, March 13, 2014

March 13 - Long Aloha Cape For Sale Again

A 12-pound cape that Elvis Presley had custom-made for the 1973 Aloha from Hawaii satellite performance — but was unable to be worn because of its weight — will be auctioned by Massachusetts-based RR Auction. It's the 7th or 8th time in 15 years that the cape is offered at auctions. 

The full-length cape was made to hide behind at the opening of the Hawaii show, with Elvis intending to drop the cape and reveal himself to the anxiously awaiting crowd, according to RR Auction. However, when Presley tried on the cape during rehearsals, the weight almost pulled him over backwards, and it was decided that a smaller version was needed. Belew in less than 24 hours created a replacement, and the 12-pound cape was sent back to Graceland where it remained until a charity auction in 1999 where it sold for 70,000 $US.

At Dinner In Vegas And Back On Track In Vegas

The Touchdown Productions importreleases "At Dinner In Vegas", containing the September 3, 1972 Dinner Show and "Back On Track In Vegas", containing the January 26, 1974 Midnight Show, both recorded in Las Vegas, were released.

(Source: ElvisMatters / Elvis On CD)

Wednesday, March 12, 2014

March 11 - Chronique de Vinyl

The French publisher Chronique Editions has announced a new book written by Philippe Margotin entitled "Chronique d’Elvis Presley". The book is due for release June 20, 2014. 

Girl Happy

The vinyl re-issue of "Girl Happy" was released by the Friday Music Records label. The soundtrack album comes on 180 gr. vinyl and contains all 12 tracks and comes in a deluxe fold-out cover. 

(Source: Elvis Club Berlin / The King’s World)

Monday, March 10, 2014

March 10 - We'll Remember You

Finn Fan Productions announced the release of the book "We'll Remember You"by Ed Bonja. The dual language (English and Finnish) is due June 2014 and limited to 1000 copies. 

From the publisher
"In July of 2014 an independent Finn Fan Productions will release a unique coffee table book titled "Elvis – We'll Remember You". The book will contain many unseen photos of the King of Rock'n'Roll from the files of Ed Bonja. Bonja will open his photo exhibition of the same name in a South-East harbor town of Kotka, Finland on July 23rd, and the photo book supports the exhibition.

Photos for this publication were taken by Ed Bonja, who worked as Tour Manager and Official Photographer from 1970 to 1977. During that period he took some 10.000 photos of Elvis and various happenings in conjunction with the tours and engagements. Ed's photos were routinely used on all kinds of souvenir materials promoting Elvis tours, Las Vegas and Lake Tahoe engagements. In addition, most photos used on the single and LP covers from the 70's are from Ed. “Elvis – We’ll Remember You” covers years 1970 – 1975; including various tours, photos from Las Vegas Hilton Engagements and photos of crew members and musicians alike.

The book is divided in four different categories, which makes it a very special one. These chapters allow you to take a look also behind the scenes of a superstar’s production. On 200 full color pages, we see Elvis meeting fans – on and off stage, sometimes receiving gifts and awards. Roadies can be seen taking care of business and helping the organization their own way, as well as Colonel Parker relaxing at his home in Palm Springs or playing Santa for Hilton employees children. Included are the photos Ed took at Graceland when went there to take pictures for the live album cover. Not to forget The King himself: you’ll see Elvis on stage doing what he loved to do – entertaining.

Text in the book is in both Finnish and English, which makes this book international. Naturally, photos speak for themselves and cross all language barriers. Ed is a fantastic story teller and his vivid memories are integral part of this book.

This is not an ordinary photo-album-style book, this is a photographic essay which tells the Elvis story in many ways: particularly through the lens of Ed Bonja.

(Source: ElvisKerHo / Elvis Club Berlin)

Sunday, March 09, 2014

March 09 - Bright Summer Nights

Due for release from Joseph Tunzi is the book "Elvis '72 Bright Summer Nights" in June, followed by "Sessions IV" with July as the current release-date.

From the press-release:
Elvis '72, Bright Summer Nights - featuring over 150 photographs, many unpublished from his June 1972 tour and on to Las Vegas in August. This hardback book will share insight into these two engagements. 

Sessions 4 will be distributed worldwide with the most accurate information of any previous sessions books or websites. It is based on documents and every union contract containing more information that is sure to capture the hearts of every Elvis fan of music enthusiast. The book will be over 1000 pages and over 500 photographs from the first session in Nashville to the last session in Graceland. 

King Of Re-issues

  • Due for release from the MIS label on April 15, 2014 is a vinyl re-issue of “Elvis’ Gold Records Vol. 2”. 
  • Due from Music on CD on May 31, 2014 is a re-issue of “Fun In Acapulco”. 

(Source: FECC / Amazon)

Saturday, March 08, 2014

March 08 - The Real ... Domain

The Sony budget compilation "The Real... Elvis" re-entered the Irish Album charts at #91. The CD is two weeks short of 100 weeks on the chart.

Elvis Presley had no entries on the Billboard Charts for the week ending March 15, 2014.

The album "The Nations Favourite Elvis Album" drops from 146 to 149 on this weeks Official UK Album Chart.

Elvis Presley Enterprises, Inc. (EPE) was awarded the 20 year old domain name by three member UDRP panel.

(The King's World / FECC / The Domain)

The complete story on the domain:

20 Year Old Lost In UDRP

by Michael Berkens

Elvis Presley Enterprises, Inc. (EPE) was awarded the 20 year old domain name by three member UDRP panel.

Its an interesting set of facts.

The domain was not parked but contained bible verses with Google Adsense which put up ads related to the former home of Elvis Presley which is now a huge tourist attraction.

The parties didn’t even agree if it was the domain owner who offered to sell the domain to the trademark holder for $200,000 or if the trademark holder offered the domain holder $200,000 for the domain.

EPE owns the domain name, which as the domain holder pointed out was in fact parked and not used for the tourist attraction.

Here are the relevant allegations and findings:

Complainants allegations:

The Complainant is the owner, inter alia, of registered trade marks in the USA for GRACELAND for a wide variety of goods and services. It operates a licensing program granting the right to manufacture and sell Elvis Presley related merchandise worldwide. It owns over 30 domain names containing GRACELAND including <> and <>.

The Respondent has been involved with domain name registrations since the mid 1990s and is the owner of over 40 domain names. He has owned since 1994 and to date has never used the registration for a legitimate purpose. Almost since its inception the website has shown bible quotes and advertisements for travel, tours and merchandise relating to Elvis Presley, specifically Graceland and related to goods and services covered by the Complainant’s trade mark registrations.

The Respondent offered to sell the Domain Name to the Complainant for over $200,000 USD which is clearly well above the Respondent’s documented out of pocket costs related to the Domain Name.

The Respondent’s submissions can be summarised as follows:

There are also generic uses of the name such as the Respondent’s use as a non-commercial Christian biblical site signifying a state of God’s grace. Grace is derived from the Latin ‘gratia’ meaning God’s favour. The Graceland Christian Church existed on the Graceland property prior to its purchase by the Respondent.

Graceland is associated with several churches, a university, an inn and conference centre, a chiropractor, a poem, an album, a TV show, a movie, a long term health provider, a funeral service, a cemetery, a financial newsletter, a vineyard, an equestrian centre, a portable building supplier, a collagen peel, a play, and jewellery, none of which are owned by the Complainant. Some uses predate the Complainant’s use, e.g. the university used the name for over 90 years before the Complainant registered its trade marks.

Respondent has used the Domain Name as a Christian biblical site since his registration of the Domain Name in 1994 almost 20 years prior to this action. Respondent put considerable investment into the site to spread God’s word. Graceland is made up of “Grace” as in the Lord’s Grace and “land” as in the desire for the Lord’s Grace to encompass the land. The website provides complete texts of the bible in English (protestant and catholic), Spanish, French, German, Italian, Dutch, Romanian, Hungarian, Korean, Chinese, Indonesian and Afrikaans as well as commentary, significant quotes and analysis.

Respondent denies that he has no rights to the Domain Name, having provided significant added value to the name he has cultivated for the past 19 years. Respondent questions the motivations of Complainant in attempting to reverse domain name hijack a name in continuous non-commercial use for almost 20 years. Respondent’s use is of a religious nature and entirely non-commercial. Respondent noted that its site was not associated with the Complainant and in the past sought to provide links to the Complainant’s sites. Respondent does allow Google Ads on his site hoping to defray some of the costs of hosting, however the Respondent attempted to block any keyword he reasonably thought to be associated with the Complainant’s goods and services prior to filing of this action and painstakingly added to the list any new ads that were discovered that were related. The Respondent does not profit from the site nor does he wish to. If the ads were to change the demeanour of the website attached to the Domain Name to commercial rather than non-commercial, the remedy would be removal of the ads not transfer of the Domain Name. The Complainant has not proven that the Respondent has no legitimate rights.

Respondent administers various domains and has pursued various top-level domains as a reseller of the ICANN-approved registrar Gandi. As the holder of a Gandi reseller account Respondent obtains domain names for clients; the domains are not owned by Respondent, but managed on behalf of clients. The report provided by the Complainant does not allow the Respondent to comment with more specificity on the allegation that he is the owner of more than forty domain names. The Complainant has attempted to disparage the Respondent by painting him as a cybersquatter in order to negatively influence this panel. The Complainant has failed to prove circumstances proving a pattern of conduct.

Respondent has never offered the Domain Name for sale for any price to anyone.

When Complainant offered the Respondent USD $200,000, Respondent declined indicating the Domain Name was not for sale.

When Complainant pressed for a valuation of the Domain Name, Respondent provided an estimated value, but maintained it was not for sale at that or any price.

The allegation that Respondent offered to lower the price in exchange for an ongoing revenue stream is false and further evidence of bullying and bad faith on the part of the Complainant.

There was little Internet traffic at the time the Domain Name was registered and browsers were in their infancy. The allegation that the Respondent knew that the Internet would take off and registered the Domain Name in case the Complainant came along and wanted it later is far-fetched.

Respondent asserts the defenses of laches and/or estoppel as Complainant has had almost twenty years to bring action against the Defendant and did not do so until now.

Additional Submissions

Respondent does not challenge the Complainant’s trade mark registrations or the fact that the Domain Name is identical to the Complainant’s trade marks. The reference to other domain names containing “graceland” and added matter should have no bearing on these proceedings. <> by itself is confusingly similar to the Complainant’s trade mark rights.

Panels have generally declined to apply the doctrine of laches. The Complainant underwent a number of restructures which delayed taking action. The Respondent would not suffer undue prejudice by relinquishing the Domain Name or moving its content as most of its traffic is generated by use of the Complainant’s goodwill. However Complainant would suffer undue prejudice if Respondent were allowed to continue to the prejudice of the Complainant’s trademarks and their enforcement.

The Respondent’s website has essentially remained the same since inception without updates or changes.

The Respondent would not have needed to put much effort to produce its content and has not produced any evidence of monetary investment.

At the time the name was registered some of the most famous cybersquatting cases took place. When the Complainant tried to purchase the name none of the links on the website supposed to go to bible passages were, in fact, working. The website only evolved into a working site with links and new content after the Complainant’s offer to purchase, an indication of bad faith.

One of the metadata keywords for the site was ‘Graceland’ which was clearly an attempt to disrupt the business of the Complainant by diverting traffic to sites which clearly compete with the Complainant.

Respondent does not substantiate how much money he has made from the site attached to the Domain Name. He does not explain his relationship with the hosting service or whether he receives pay-per-click income.

The Respondent does not prove when he tried to block advertisements related to Elvis and Graceland. Indeed as of February 2014 they were still appearing.

The Respondent’s own resume declares he is a pioneer in domain names and DNS. He has not provided any evidence that he does not own multiple registrations as alleged.

The Respondent did offer to sell the Domain Name to the Complainant for $200,000 and showed an interest in a revenue stream. Why would he send an appraisal of its value if he was not interested in selling, especially as it supported a figure in the region of that requested? In fact the high value is only attributable to the intellectual property rights of the Complainant and the revenue from ads attributable to confusion with the Complainant’s marks

Additional Submissions made by the Respondent can be summarised as follows:

Previous panels have accepted laches as a defense. The delay exceeds any other previously cited case at 20 years. No valid excuse for the delay has been asserted or proven

The Complainant has attempted to reverse domain name hijack the name through bad faith efforts of misrepresenting conversations with the Respondent and fabricating a claim that Respondent requested a revenue stream.

Respondent would be unduly prejudiced by a transfer. Revenue is not the sole measure on which prejudice can be drawn especially regarding a non-commercial site. Respondent does not have access to all its records over 20 years. Prejudice to the Complainant should not be a defense to laches.

If ‘Graceland’ were driving traffic the Complainant would not have parked its domain name The Complainant’s site does not even appear in the top five search results for Graceland, save for a sponsored link. contains pay-per-click links and Complainant has done nothing to use to identify itself or any source for the products and services listed on that parking page.

By offering various texts of the bible, having done so since 1994 and the inception of the site the Respondent is making legitimate non-commercial and fair use of the Domain Name, without intent for commercial gain and without intent to misleadingly divert customers or to tarnish the Complainant’s trade mark. There is nothing misleading about the source or sponsorship of the Respondent’s site. An Internet user would not believe the Complainant sponsors or endorses the site. The site does not try to confuse customers into purchasing anything from the Respondent and it is clear the Respondent is the creator of the site. Respondent is not tarnishing the Complainant’s mark by associating it with unwholesome activities, indeed the opposite, it provides truthful information, biblical text and commentary.

The Respondent hand coded at least 68 pages of html, one page for each book of the bible, a bible index page and the home page, a major effort amounting to hundreds of hours of time. At the time the Respondent charged $100 an hour for his time. This was not the sort of thing he would have done if he intended to sell, as the time could have been spent earning money from clients.

Links in the Wayback archive worked on the page showing time and place of Dwelling Place meetings. Links may or may not appear in any given Wayback snapshot and their evidentiary weight should be determined accordingly.

Respondent went through various incarnations of database development over the years requiring completely rebuilding the back end of the site from scratch around the same basic content and subsequently adding translations and additional content. The site has been constantly updated, upgraded and kept working over a twenty year period, although occasionally unavailable due to periodic maintenance.

The Respondent did see the value of Domain Names in the 1990s, but he was one of the earliest proponents of protecting trade mark holders from confusion through domain name use and designed several global solutions enabling trade mark holders to enjoy their protected marks on the Internet while allowing for entrepreneurial innovation to flourish. Respondent’s emphasis was on Internet growth and stability through orderly expansion of the domain name space and he has been heavily involved in ICANN work to pursue the same. It is misguided for the Complainant to characterise him as a cybersquatter.

Pay-per-click advertising does not automatically create a commercial purpose. It is a stretch to claim that a religious site is somehow commercial because of the use of it to defray costs and not to make a profit.

It would have been more effective and appropriate to use the Google policy regarding Google Adwords than to use the ICANN Policy. It would have eliminated any use of the Complainant’s marks in the Respondent’s pay-per-click advertising.

Respondent never offered to sell the Domain Name at any price or requested anything in exchange for the Domain Name. Respondent provided a valuation to the Complainant to show the third-party value of the Domain Name so the Complainant would leave him in peace.

Respondent cannot identify the 44 names that the Complainant alleges he owns in order to be able to comment. Even if he owns them all this is not evidence of bad faith. Respondent does not have a pattern of registering names to deprive trade mark owners of their rights as alleged by the Complainant.

As Respondent has never contemplated using the Domain Name for a commercial purpose he could not have registered it for the purpose of disrupting the Complainant’s business or any other business. Further since the Domain Name was registered prior to the UDRP this should not retrospectively be determined to be a factor.

Respondent has never at any time sought to cause any confusion between God’s work and the life or legacy of Elvis Presley. Since Elvis was known as “The King” the phrase “King of Kings” on the Respondent’s website distinguishes it and informs the visitor that the website does not originate from the Complainant or its predecessors in interest. Further Respondent is not using and has never used the Domain Name for commercial gain.

Complainant maintains that the Respondent is not commonly known by the Domain Name, is not using it to make a bona fide offering of goods or services, and is not making a legitimate non-commercial or fair use of the name. The Complainant maintains that the content of the site has not altered significantly over twenty years of use. It maintains that the site is set up for commercial benefit, bearing advertisements which compete with the Complainant using the latter’s intellectual property rights to make a profit, and that the primary purpose for registration of the name was to sell the Domain Name to the Complainant.

The Respondent denies this and contends that it uses the Domain Name to operate a legitimate, non-commercial Christian biblical site, that he has put considerable effort and investment into the site and that the revenue received from Google Ads on the site is used to defray expenses only and not to provide any profit. Respondent alleges that he has sought to block any advertisements that compete with the Complainant.

The Respondent alleges that “Graceland” is descriptive of the religious content on the site used to signify a state of God’s grace and unrelated to the Complainant or Elvis Presley, similar to use of the name by various churches and a university which existed before the property where Elvis Presley resided was named. He also points to third-party registrations for trade marks containing “Graceland” which are not associated with the Complainant. He maintains that the site could not cause confusion with the Complainant.

Whilst the Panel has dismissed the Complainant’s allegations that the Respondent has sought to sell the Domain Name to the Complainant whether for cash or in conjunction with a participation in revenue for lack of evidence (see below) the Complainant provides evidence of references on Respondent’s website such as “Elvis Graceland” which imply that the website is an official Graceland site and also advertisements of services related to Elvis Presley and the property Graceland that have been displayed on the Respondent’s site and suggests that the Respondent has used the site to promote goods and services in competition with those of the Complainant.

It points out that the Respondent has not provided figures to demonstrate his claims of a non- profit site.

The advertisements are very prominent and almost dominate the site where they appear. They appear to be a much more dynamic and vital part of the site than the biblical quotes which also appear on the site.

The Respondent does not deny that he was aware of the significance of the name “Graceland” vis a vis Elvis Presley at the time of registration or that most people would view use of that name to probably mean the property where Elvis Presley lived rather than a website bearing biblical quotes.

The Panel is of the opinion that the claims that the Respondent makes that his site is purely non-commercial and that the name was innocently adopted cannot, in the light of the evidence of the content of the site, be maintained.

Nor is the usage fair as it does capitalize on the well-known significance of the name “Graceland” as the home of Elvis Presley, offering travel and touring services related to that property, and does not make clear that there is no commercial connection with the Complainant.

The Panel finds this use is confusing.

As such it cannot amount to the bona fide offering of goods and services.

Registration and Use in Bad Faith

Complainant alleges that the true motive of the Respondent was to sell the Domain Name to the Complainant which the Respondent vehemently denies.

In fact the Panel finds that the evidence is inconclusive on the point.

Whilst the Respondent does appear to be an expert in domain name issues and to be involved in businesses related to domain names, there is no actual evidence that he has engaged in registering domain names containing the registered trade marks of others to sell for profit. In particular, there is no documentary evidence to back the Complainant’s assertions that the Respondent was trying to sell the Domain Name to the Complainant or to do a deal by which he would participate afterwards in a revenue stream from the Domain Name.

Complainant also alleges that the Respondent’s use of the site is commercial and he is using it to make profit from advertisements which compete with the Complainant in a confusing manner.

Despite the Respondent’s claims that it has tried to block such advertisements, the Complainant has provided several examples of such advertisements which are in the opinion of the Panel a significant purpose of the site and are confusing in that visitors to the site might reasonably believe they were connected to or approved by the Complainant offering services such as ‘visit Graceland in Memphis’ and ‘choose from two amazing Graceland packages.

Respondent does not deny knowledge of the Complainant at the time of registration or that despite some use of the name by others that most people would probably associate the name with the Graceland property and, therefore, the business of the Complainant or its predecessors.

He maintains the use on the site is not confusing, but the Panel does not agree.

Accordingly, the Panel holds that the Respondent has intentionally attempted to attract for commercial gain Internet users to its website by creating likelihood of confusion with the Complainant’s trade marks as to the source, sponsorship, affiliation or endorsement of the website.

In view of the well-known meaning of the “Graceland” name and the obvious use of the site to promote competing services relating to the same the Panel also finds on the balance of probabilities that the Respondent registered the Domain Name to prevent the Complainant from reflecting its trademarks in a corresponding domain name, thereby disrupting Complainant’s business.

The Panel understands the arguments made by the Respondent about <>, but the “.com” space is far more successful and the most widely recognized and used commercial space. The suffix ‘.org’ is much less used and carries non-commercial connotations such that no adverse inferences can be made from the non development of this domain name by the Complainant.

As such, the Panel believes that the Complainant has made out its case that the Domain Name was registered and used in bad faith and has satisfied the third limb of the Policy.

Finally the Respondent alleges that the Complainant should not succeed in its Complaint on the grounds of delay due to the doctrine of laches. The Panel is split on whether the doctrine of laches may apply to give a defence in domain name dispute resolution cases.

There are many decided cases going both ways which have been decided under the Policy.

The Chair is of the opinion that that the doctrine of laches does not apply to domain name proceedings.

One member of the Panel is of the opinion that, although it has been consistently held in the majority of relevant UDRP proceedings that the doctrine of laches does not apply as a defence to UDRP proceedings, the question of delay may nevertheless be relevant in that a complainant who delays in initiating UDRP proceedings may have difficulty, from an evidentiary perspective, in establishing the second and third limbs under the Policy, however this is not such a case.

The remaining member of the Panel who believes that the doctrine of laches can be relevant and provide a defence in certain cases and who would criticise the Complainant believing that the reasons for its delay are not adequate, also believes that the doctrine should not apply in this case.

In the present case he believes it is unlikely that delay would militate against the success of the Complainant due to the findings of the Panelists, as set out above, as to the nature of the continuous bad faith usage revealed by the evidence which means the Respondent has not built up legitimate rights in the name, despite the length of time of use and is not unduly prejudiced by the delay. It has accordingly made no difference to the decision of the Panel as set out above.

As such in light of the findings above the Panel believes that the Complainant was justified in bringing its Complaint and that it has not been involved in any reverse domain name hijacking.

Friday, March 07, 2014

March 07 - Elvis Rocks On Vintage Vinyl

The Vintage Rock magazine volume 10 is out now. Inside you’ll find their Elvis 60th anniversary Special. VR tells the story of Elvis’ first single That’s All Right and explore the making of his first iconic major label album. It's not the first time that the King graces the cover of this British magazine although it has been three years ago. 

Elvis 56 Vinyl 

The Dutch "Music On Vinyl" Label released their vinyl edition of the 1996 album "Elvis '56"on 180gr Vinyl with a deluxe fold-out cover.

(Source: ElvisMatters / Elvis Aktuell)

Wednesday, March 05, 2014

March 05 - Collecting Elvis

Volume 57 n the German "Elvis Sammlung" was released by De 'Agostini. This edition contains a magazine, memorabilia reproductions and a mini concertposter of Elvis Presley wearing the 1972 "Light Blue Nail Suit". 

(Source: Elvis Sammlung)

Tuesday, March 04, 2014

March 04 - Love Oscars

Darlene Love made sure not to fade into the background when a film about backup singers won an Oscar Sunday night. The former church choir singer, who has backed up stars like Dionne Warwick, Marvin Gaye and Elvis Presley, broke into song after the film she appears in, “20 Feet from Stardom,” won an Academy Award for best documentary feature. She sang behind Elvis in the "'68 Special" and in the 1969 movie "Change Of Habit".

(Source: Hollywood Reporter / ElvisMatters)

Monday, March 03, 2014

March 03 - Back On Vinyl

FTD will release the classic "Back In Memphis" album as a Special Edition vinyl edition along with the two previously announced CD releases, "Elvis" and "Destination USA" around March 15, 2014. 

Details "Back In Memphis" vinyl edition (506020 975063 - 7)

Side A
01. Inherit the Wind - ­ take 3/M with V.O. #2 (3:18)(Eddie Rabbitt)
02. Without Love (There Is Nothing) - takes 2-4 (4.00)(Danny Small)
03. Suspicious Minds ­ take 7 (3:52)(Mark James)
04. And the Grass Won't Pay No Mind - take 6/M (3:53)(Neil Diamond)
05. Do You Know Who I Am? – take 4 (4.10)(Bobby Russell)

Side B
01. You'll Think of Me – take 23/M (4:26)(Mort Shuman)
02. From a Jack To A King- takes 4,5/M (3.01)* (Ned Miller)
03. The Fair's Moving On - take 1/M with V.O. (3:11)(Guy Fletcher/Doug Flett)
04. Stranger in My Own Home Town- Master (4:24)(Percy Mayfield) 
05. Without Love (There Is Nothing) – take 5/M (2:55)(Danny Small)

Side C
01. A Little Bit of Green – take 1 (3:43)(Chris Arnold/Geoff Morrow/David Martin)
02. This Time / I Can’t Stop Loving You (jam - edit) – (3.32)(Troy Shondell) (Don Gibson)
03. And the Grass Won't Pay No Mind – takes 1-3, 5 (6:34)(Neil Diamond)
04. Do You Know Who I Am? – take 1 (2.39)(Bobby Russell)
05. From a Jack To A King ­ takes 1-3 (3:13)(Ned Miller)

Side D
01. Stranger in My Own Home Town (jam) – take 1/M (4.55)(Percy Mayfield)
02. This Is the Story – takes 1,2/M (3.26)(Chris Arnold/Geoff Morrow/David Martin)
03. You'll Think of Me – take 16 (4.24)(Mort Shuman)
04. The Fair's Moving On (master) (3.13)(Guy Fletcher/Doug Flett)
05. Suspicious Minds – take 6 (3.41)(Mark James)

Recorded at sessions January 13-16, 20-23 and February 17-22, 1969 at
American Studios, Memphis. Mastered for DMM by Abbey Road Studios, London.

Guitar and Sitar: Reggie Young, Guitar & Piano: Elvis Presley.
Bass: Mike Leech, Tommy Cogbill. Drums: Gene Chrisman. Piano: Bobby Wood. Organ: Bobby Emmons. Steel Guitar: John Hughey. Harmonica: Ed Kollis.

Overdubbed horn section
Trumpet: R.F. Taylor, Wayne Jackson, Dick Steff. Sax: Jackie
Thomas, Andrew Lowe, Glen Spreen, J.P. Luper. Trombone: Ed Logan, Jack Hale, Gerald Richardson, Jack Thomas. French Horn: Tony Cason, Joe D'Gerolamo.

Vocal accompaniment by Mary (Jeannie) Green, Donna Thatcher,
Susan Pilkington, Mary Holladay, Dolores Edgin, June Page, Hurschel
Wiginton, Joe Babcock, Ginger Holladay, Millie Kirkham, Sonja Montgomery, Joe Babcock.

(Source: FTD / FECC)

Sunday, March 02, 2014

February 02 - Gail Gerber Passed Away

Gail Gerber (actress in both "Girl Happy" and "Harum Scarum", 1965) died from complications of lung cancer in Sharon, Conn., on March 2. She was 76. 

She was a successful Canadian ballet dancer before moving to Hollywood in 1963. As Gail Gilmore, she made guest appearances on TV shows before landing a part as one of the college kids in "Girl Happy", the one Jimmy Hawkins' character is chasing until she dumps him. 

She has this to say about working with Elvis that first time: "On the set, Elvis' guys in his entourage kept inviting me to his house and I kept declining because I was still doing "Under the Yum Yum Tree" on stage at night. But even if I could have gone I wouldn't have. I wasn't familiar with Elvis Presley's music and wasn't interested in hearing it. Not knowing much about him (except that he was very friendly and polite to me), I wasn't aware of his importance at the time." 

In "Harum Scarum", Gail played Sapphire, one of the three gypsy dancers who become part of Elvis' extended family, sort of, and along the way Gail gets to teach the King a thing or two: "I had so much fun working with Elvis on this movie. The film's finale also was a big production number set in Las Vegas and I danced again with Elvis as he sang, "Harem Holiday"." 

Charts: Elvis in Canada 

Top Catalogue Albums Week Ending March 9 2014
66 Elvis Presley 30 No. 1 Hits 201 -17 241 655,028

Canada Top Albums Week Ending March 9 2014
179 Elvis Presley Collection 3 Pack 231 26 184 4,685x3=14,055

Top Catalogue Albums: Week Ending March 16, 2014
68 Elvis Presley 30 No. 1 Hits 212 5 201 655,240

111 Elvis Presley The Gospel Collection 163 87 87 6,439

(Source: ElvisMatters / FECC)