Temporary injunction issued
in case involving Platters
Herb Reed, founder and naming member of The Platters, has filed a trademark lawsuit against Nevada entertainer Monroe Powell over Powell’s use of the group’s name.
A judge has ordered a Nevada entertainer to at least temporarily stop marketing himself as a member of the musical group The Platters.
U.S. District Judge Philip Pro on Wednesday issued a preliminary injunction against Monroe Powell of Henderson and his company Monroe Powell’s Platters LLC.
The injunction was issued in one of the many trademark lawsuits around the country over the rights to the name of The Platters, a 1950s group known for hits "The Great Pretender," "Only You" and "Smoke Gets in Your Eyes."
Pro’s ruling came in a lawsuit filed in December by Platters founder Herb Reed’s company Herb Reed Enterprises of Arlington, Mass.
Attorneys for Reed noted in their lawsuit that there were five original Platters and Powell was not among them.
Powell performed with some incarnations of the group during the 1970s, after Reed left the group.
Since then, Pro noted in his ruling, a tangled web of litigation has yielded inconsistent federal and state court decisions on who actually controls the rights to the Platters name.
Pro, for purposes of the preliminary injunction ruling, sided with Reed and ordered that Powell can’t use the phrase "The Platters" in his marketing with two exceptions.
First, Powell can call his group a Platters tribute or revue band. Second, Powell can use the Platters name if he gains a license from Reed allowing himself to do so.
Pro’s ruling isn’t final — attorneys for Powell will have a chance as the lawsuit continues to assert their claim that Powell is a true Platter.
"Reed likely will lose goodwill among consumers if The Platters name continues to be diluted by groups not consisting of original members, but whose name is confusingly similar to ‘The Platters.’ Further, if the court permits continued confusion over Reed’s rights to the mark, additional groups similar to Powell’s group could form and further harm Reed’s reputation and goodwill," Pro wrote in his order.
Reed, the only surviving member of the Platters who founded the group in 1953, in the meantime praised Pro’s decision.
"After more than 30 years of court battles that at one time (involved) more than 100 groups performing somewhere in the world as 'The Platters,' the court is restoring my identity to me as the founder and only surviving member of the vocal group. This way, my legacy is and will continue as I intended in 1953," Reed, a member of the Rock and Roll Hall of Fame, said in a statement Friday.
Please support The Vocal Group
Hall of Fame Foundation
Download recordings
created at Inductions
The Vocal Group Hall of Fame Foundation will be collecting letters, cards and notes for the family.
It was Paula's wish, in lieu of flowers,
please make a donation, in her name to:
The Vocal Group Hall of Fame Foundation
Columbia Theatre - 82 West State Street
Sharon, PA. 16146
724-983-2025 WWW.vocalgroup.org
The Vocal Group Hall of Fame Gift Shop - The Vocal Group Hall of Fame Foundation
PAULA KELLY Jr was born in Grove City, PA, the middle daughter of Hal Dickinson and Paula Kelly. Early on she
sang in church choirs. Educated in San Fernando Valley,
CA schools, she majored in music. Singing with 'The Modernaires' from 1966 through 1971 she traveled most
of the world learning the lead part from her Mother. Hal,
her father passed in 1970 and in 1971 she retired to marry. 1972 rought her a beautiful red haired daughter, Jennifer Holly Cole. Previously Paula had performed with her two sisters, Julie and Martha in a trio called 'The Kelly Sisters'.
They made several appearances on the Bob Crosby and Dean Martin television shows. When her Mom, Paula Kelly retired in 1978, the natural replacement was her daughter, Paula Kelly Jr. She was so privileged to have worked with most of the great acts of the 40's and 50's. These were
her parent's friends and colleagues. They were great ntertainers such as, Helen Forrest, Tex Beneke, Helen 'Connell, Bob & Ray Eberle, Peter Marshall, Tony Martin, Count Basie, Les Brown, The Mills Brothers, Rosemary Clooney and yes, even Louie Armstrong. 'The Modernaires' toured six times in Australia. Three of the tours were with surviving members of the Glenn Miller Orchestra. Billy May,
an original, actually took trumpet lessons to do the tour. Among others on the tour were Paul Tanner, Wilbur Schwartz, John Best, Jimmy Priddy, Al Klink and Zeke Zarchy.
The Vocal Group Hall of Fame opened in Sharon, Pennsylvania. The Hall was the brain child of Tony Butala, lead singer of The Lettermen. Many of the greatest vocal groups in history would, in coming years, be inducted into the Hall in lavish and nostalgic ceremonies.
1963 Andrew Loog Oldham became manager of The Rollin' Stones but only after demanding they add the "g".
Top Single:
"Never Can Say Goodbye" The Jackson Five #1 R&B 1971
"Runaway" Del Shannon #1 1961
Birthday:
Reather Dixon (The Bobbettes) 1944
May 2, 1956
The Joytones, one of Rock N' Roll's first girl groups
recorded their single "Gee, What A Boy".
1979 The Who replaced deceased drummer Keith Moon with former Small Faces member Kenny Jones.
Top Single:
"Ronnie" The Four Seasons #10 1964
"Can't Buy Me Love" The Beatles #1 1964
Birthday:
Randy Cain III (The Delfonics)
May 3, 1962
America's first ambassadors of Rock 'n' Roll, began a ten-day tour of Spain. Afterward, they would become the first American Rock 'n' Roll act to perform behind the Iron Curtain when they appeared in Poland.
1984
After breaking up in 1976 Deep Purple regrouped. Runor has it they were each (Ritchie Blackmore, Roger Glover, Jon Lord, Ian Gillan and Ian Paice) offered $12 Million to reunite.
Top Single:
"Call Me" Blondie #1 1980
May 4, 1968
Mary Hopkin's success with "Those Were The Days" (#1 U.S. and U.K.) came about thanks to famed model Twiggy who saw the pert songstress perform on Britain's T.V. talent show, "Opportunity Knocks" called a friend Paul McCartney and insisted he sign her.
Top Single:
"The Locomotion" Grand Funk Railroad 1974
"We Are The World" USA For Africa #1 1985
Birthday: Peggy Santaglia (The Angels) 1943
May 5, 1958
The Coasters "Yakety Yak" was issued, eventually
reaching #1.
1968 Buffalo Springfield disbanded.
Top Single:
"Ivory Tower" Otis Williams & The Charms #5 R&B 1956
"All Shook Up" Elvis Presley #1 1957
Birthday:
Johnnie Taylor (Highway QC's & Five Echoes) 1938
May 6, 1957
The Dell-Vikings "Little Billy Boy" and The Vibes "Darling" were released.
1973 After 18 singles and 7 smash albums with partner
and high school friend Art Garfunkel, Paul Simon played his first solo gig at the Music Hall in Boston.
Top Single:
"Come Go Woth Me" The Dell-Vikings #6 1957
"The First Time" Roberta Flack #1 1972
Birthday:
Herb Cox (The Cleftones) 1939
May 7, 1954
Drifters lead Clyde McPhatter was drafted but was lucky
to be stationed in Buffalo, NY where he bused in for weekend gigs with the group.
click
