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Should Jerry Garcia's family win their lawsuit against the burrito chain unlawfully using his image?

The heirs of rock legend Jerry Garcia are suing a burrito franchise based in Atlanta for improper use of the singer's image in its restaurants and advertising. Not only does Moe's Southwest Grill offer the 'Alfredo Garcia' fajita (choice of grilled chicken, steak or tofu with lettuce, salsa, and shredded cheese), but nearly all 130 restaurants prominently display a portrait of the renowned singer, the suit filed by Jerry Garcia Estate LLC claims. Although the estate administers licensing for several products bearing Garcia's likeness, such as the Ben & Jerry's ice cream flavor 'Cherry Garcia,' the singer's heirs claim Moe's never sought licensing for the portraits, ads, fliers or commercials graced with Garcia's mug. The suit also condemns the use of an altered lyric from Grateful Dead song, 'Casey Jones,' that appears beneath portraits of Garcia. The plaintiff claims the lyric 'Trouble ahead, trouble behind, just have my taco ready in time,' was misappropriated.

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