Platters Injunction

Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc., No. 2:12-cv-00560 (D. Nev. July 24, 2012) [Doc. 43].

In this case, the assignee of founding band member Herb Reed asks the Court to tell Defendants – who promote an unlicensed show featuring a group called The Platters – that “It Isn't Right.”  The Court granted Plaintiff's motion for a preliminary injunction enjoining defendants and their agents from use of the mark “The Platters,” and any equivalent or phonetically similar names or marks, in connection with any vocal group in any advertisements, promotional marketing, or other materials, with two narrow exceptions.  First, Defendants could use the mark “The Platters” in connection with the names that included the words "tribute to" or "salute to" the Platters.  Second, defendants could use the mark “The Platters” in any other manner with Plaintiff's permission.

Vegas Singer Enjoined From Using "Platters" Name

Herb Reed Enterprises, Inc. v. Monroe Powell's Platters, LLC, No. 2:11-cv-02010 (D. Nev. filed Feb. 1, 2012)[Doc. 26].

The Court entered a preliminary injunction enjoining a Las Vegas singer from using the name of 1950s vocal group The Platters. The decision traced the long-history of litigation between members of the band and their use of the band name, and then underwent the preliminary injunction standard for trademark infringement. Plaintiff showed a likelihood of success on its ownership in the mark, and that it acquired rights to the mark through prior use. Additionally, plaintiff established a likelihood of success on its claim that “The Platters featuring

Monroe Powell” is confusingly similar to “The Platters.”

Ain't that a Kick in the Head...

The Rat Pack (or at least the modern Las Vegas reincarnation of them) was sued by song-writers of "Ain't that a Kick in the Head", "Everybody Loves Somebody", and "Come Fly with Me" for copyright infringement of the compositions. (Alleged infringement occurred during performances of the Rat Pack Show at the Greek Isles Hotel & Casino, and sale of associated CDs.)

What's the commotion, eh? WHAT'S THE COMMOTION?!

[Barton Music Corp. v. TRP Entertainment, LLC et al., 07-cv-01361-BES-PAL, filed Oct. 9, 2007, D.C. Nev.]