| Legal Battles (Page 2) |
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| Legal battles have been waged and continue to be waged over ownership of The Platters' name. Bogus groups - "the Great Pretenders" - have earned a good living calling themselves The Platters until sued and stopped. There are as many as 20 groups appearing around the country at any given time claiming to be "Original," "Amazing," "World Renowned," etc.- most have no relationship to Buck Ram or The Platters. As required by trademark law, suit has been brought by The Five Platters, Inc. against these groups and former members who have left. These suits were based on the non-complete clause in their contracts. Former group members have also brought suit among themselves and against The Five Platters, Inc. . The Five Platters, Inc. has prevailed in all cases except two. The Robi case threw the trademark into the public domain. However, the court has reconginzed that as the only entity that has used the name The Platters consistenely for 50 years, The Five Platters, Inc. has common law rights. |
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| Results of Major Law Suits |
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| Sonny Turner |
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| Despite a non-complete clause in his contract, Sonny Turner continued performing as The Platters and was sued by The Five Platters, Inc. The result was Turner having a injunction placed against him on January 22, 1971. |
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| Martha Robi |
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| 2. Herbert Reed shall, for as long as he lives and so long as he complies with the terms of this Settlement, without interference from the Plaintiff, have the right to perform or entertain in any place and with any medium other than commercial recordings (phonographic recordings, audio or video recordings of any kind, commercials, etc.) as Herb Reed and the Platters and in any form or in any medium as Herb or Herbert Reed of the Original Platters or as Herb or Herbert Reed. Herbert Reed agrees that the nature and quality of all services rendered in connection with the name Herb Reed and the Platters shall conform with the reasonable standards used and set by Plaintiff. |
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| When Martha Robi, widow of former group member Paul Robi, filed suit against Reed claiming she had rights to the name and that Reed should be barred from performing as The Platters, Bennett provided Reed with documentation to help defend the case. Robi lost and was ordered to turn over all promotional materials to the court. |
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| The following order was entered and served on September 29, 1997, in the United States District Court, District of Nevada. |
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| The Court having considered the pleadings and papers, and having rendered its decision in favor of Defendants and Counter claimants Herb Reed, John Villano, and John P. Productions, Inc., therefore, THE COURT ORDERS AND ADJUDGES that the complaint of Plaintiff Martha Robi is DISMISSED with prejudice and she shall take nothing. THE COURT FURTHER ORDERS AND ADJUDGES that Martha Robi, her agents, servants, employees, attorney, and persons in active concert or participation with them, are permanently enjoined from using in any manner the mark ?The Platters? alone or in conjunction with any other names or words. THE COURT FURTHER ORDERS AND ADJUDGES that Martha Robi, her agents, servants, employees, attorney, and persons in active concert or participation with them, shall deliver to this Court (or to an officer appointed by this Court) for destruction all goods, articles, or other matters bearing the mark ?The Platters?, including goods, articles, and other matters bearing the mark ?The Platters? alone or in conjunction with any other names or words. THE COURT FURTHER ORDERS AND ADJUDGES that Martha Robi?s Nevada Registration of the service mark ?The Platters? and all other state registration by Martha Robi of the service mark ?The Platters? are canceled. THE COURT FURTHER ORDERS AND ADJUDGES that JUDGEMENT is GRANTED in favor of Counter claimants Herb Reed, John Villano, and John P. Productions, Inc. and that Counter claimants are awarded damages in an amount to be determined at a hearing. |
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| Legal Battles (Page 2) |
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| Herb Reed |
| Our Mission: Protecting the Past, Celebrating the Present, Commanding the Future, One generation at a time. |
