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TEMPORARY INJUNCTION

Temporary injunction issued
in case involving Platters

Image


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.

By (contact)
Friday 3 February
2012 11:22 a.m.

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.

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This Week In Vocal Group History

February 2, 1956
The Coasters signed with Atco Records and went on to have 19 hits in 15 years.

Top Single: “Smoke Gets In Your Eyes” The Platters #1 1959

February 3, 1958
The Collegians Doo Wop classic, “Zoom, Zoom, Zoom” was issued. 1959 – “This day the music died”. Buddy Holly, Ritchie Valens and The Big Bopper (J.P. Richardson) died in a plane crash after their last tour date in Clear Lake, Iowa.

Top Single: “Baby It’s You” The Shirelles #8 1962 “Green Tambourine” The Lemon Pipers #1 1968

Birthday: David Lerchey (The Dell-Vikings) 1937 Charlie James (The Cleftones) 1939 Angelo D’Aleo (The Belmonts) 1940 Dennis Edwards (The Temptations) 1943

February 4, 1954
The Drifters recorded “Honey Love” (#1 R&B, #21 Pop), their first single at Fulton Recording Studio in N.Y.C. along with their legendary versions of “White Christmas”, “Bells Of St. Mary’s” and the forerunner of “The Twist” “Whatcha Gonna Do” (#2 R&B).

1962 – Gene Pitney’s first British tour opened with an appearance on ITV’s “Thank You Lucky Stars”.

Top Single: “Speedo” The Cadillacs #4 R&B 1956 “Stayin’ Alive” The Bee Gees #1 1978

Birthday: Bernie West (The Five Keys) 1930 John Gambale (The Classics) 1942 Florence LaRue (The 5th Dimension) 1944

 

February 5, 1954
The McGuire Sisters fourth single “Pine Tree, Pine For Me” was released becoming their first charter.

Top Single: “Earth Angel” The Penguins #8 1955

Birthday: Cory Wells (Three Dog Night) 1942

February 6, 1965 Little Anthony & The Imperials classic “Hurt So Bad” charted en route to #10. 1971 – Marvin Gaye’s critically acclaimed “What’s Goin’ On” Was released. It reached #2 Pop and #1 R&B.

Top Single: “You’ve Lost That Lovin’ Feelin’” The Righteous Brothers and The Ronettes #1 1965

February 7, 1953
The Buccaneers “Dear Ruth” was issued by two students working out of a store front in Philadelphia.

1964 – The Beatles first U.S. visit started in New York.

Top Single: “Walking In The Rain” Jay & The Americans #19 1970 “50 Ways To Leave Your Lover” Paul Simon #1 1976

Birthday: Harvey Herskowitz (The Quotations) 1943

February 8, 1962
The Beach Boys (with Jaguars member Val Poliuto in for Al Jardine) recorded six demo’s including what would become the basic tracks and vocals for their first two singles “Surfin’” and “Surfin’ Safari”.

1967 – Peter & Gordon (of “World Without Love” fame) broke up. Peter Ashers went on to manage Linda Ronstadt among others.

Top Single:
“I Started A Joke” The Bee Gees #6 1969 “Teen Angel” Mark Dinning #1 1960

February 9, 1964 The Beatles first appearance on The Ed Sullivan Show.

Top Single: “Hey Paula” Paul & Paula #1 1963

February 10, 1958 The Chesters debut “The Fires Burn No More” was released. The group went on to become Little Anthony & The Imperials.

1973 – After composing the song “The Night The Lights Went Out in Georgia” bobby Russell offered the tune to Cher, who turned it down. Russell then gave it to his wife Vickie Lawrence who had the #1 hit.

Top Single:
“Do Something For Me” The Dominoes #6 R&B 1951 “Don’t” Elvis Presley #1 1958

Birthday: Jimmy Merchant (Frankie Lymon & The Teenagers) 1940 Nathaniel Mayer (The Fabulous Twilights) 1944

February 11, 1956 The first Rock & Roll stage show in the Brox, New York was held at the Opera House Movie Theater featuring The Cadillacs, The Heartbeats, The Valentines and The Bonnie Sisters.

1964 – The Beatles played their first U.S. concert at Washington D.C.’s Washington coliseum along with The Chiffons and Tommy Roe. 8,600 people attended but barely a word was heard form the mop tops who couldn’t compete with the avalanche of teen screams.

Top Single: “Adorable/Steamboat” The Drifters #5 R&B 1956 “Kharma Chameleon” Culture Club #1 1984

Birthday: John Mills (The Mills Brothers) 1889

February 12, 1957
The Coasters recorded their 2-sided hit “Searchin’” (#3 Pop, #1 R&B) and “Youngblood” (#8 Pop, #1 R&B) at Hollywood Records in Los Angeles.

Top Single: “Sincerely” The McGuire Sisters #1 1955

Birthday: Gene McDaniels (The Sultans, The Admirals) 1935 Cynthia Philips (Wilson Phillips) 1968 Michael McDonald (The Doobie Brothers) 1954

February 13, 1959
The Skylines performed their first single “Since I Don’t Have You” on Dick Clark’s American Bandstand. Three days later orders for 100,000 copies came in.

1981 – Pink Floyd’s “Dark Side Of The Moon” L.P. became rocks longest running album at 402 weeks. It went on for another 158 weeks (560 total)

Top Single: “My Girl” The Temptations #5 1965 “You’ve Lost That Lovin’ Feelin’” The Righteous Brothers #1 1965

Birthday: Gene Ames (The Ames Brothers) 1925 Dorothy McGuire (The McGuire Sisters) 1930

February 14, 1953
Al Silver started Herald Records which became one of the premier vocal group outlets of the 50’s with recordings by the Mello-Kings and Nutmegs.

1961 – The Platters sued their label, Mercury records, after amassing 32 hits because the label refused to issue singles not sung by lead Tony Williams who left the group in 1960. As the debate raged Mercury released 12 more 45’s through 1964, all old previously recorded material.

Top Single: “Love Machine” The Miracles #8 1976 “Celebration” Kool & The Gang” #1 1981

Birthday: Phyllis McGuire (The McGuire Sisters) 1931

February 15, 1961
The Marcels recorded seven songs for their first legendary L.P. including “Most Of All”, “Sunday Kind Of Love”, “Peach Of Mind” and the international Doo Wop hit “Blue Moon”.

1954 – Joe Turner recorded the classic “Shake, Rattle & Roll” six months before Bill Haley’s hit version.

Top Single: “Worst That Could Happen” The Brooklyn Bridge #5 1969 “Everyday People” Sly & The Family Stone #1 1969

 

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