Affirms Founder, Rock and Roll Hall of Fame Member Herb Reed has Exclusive Rights to the Trademark
LAS VEGAS, Feb. 2, 2012 /PRNewswire/ — Federal Judge Philip M. Pro issued a preliminary injunction against Las Vegas-based entertainer Monroe Powell prohibiting him from using the name “The Platters,” reaffirming a previous court ruling that the founder and only surviving member of The Platters, Herb Reed, has the exclusive rights to the trademark.
Powell has been performing in Las Vegas, across the United States and the world representing himself as “The Platters featuring the Legendary Monroe Powell.” Rock and Roll Hall of Fame member Reed filed suit seeking a preliminary injunction to prevent Powell from confusing the public by causing them to believe that he had any connection to The Platters, the early pioneers of rock and roll known for hundreds of iconic and timeless hits including The Great Pretender, Only You, Smoke Gets in Your Eyes and My Prayer.
In his 14-page ruling, Judge Pro acknowledged that numerous courts have been asked for years to decide who is “The Great Pretender” when it comes to deciding who actually holds the rights to the famous Platters name writing, “‘Only You’ Herb Reed have exclusive rights to the mark ‘The Platters.'” He enjoined Powell from using “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…”
Judge Pro went on to state two exceptions, writing that Powell “may use the mark ‘The Platters’ if the word ‘Tribute’ or ‘Revue’ is included and when displayed or advertised, the word ‘Tribute’ or ‘Revue’ is at least one half the font size of ‘The Platters.'”
Responding to today’s decision Reed said, “After more than 30 years of court battles that at one time spawned 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.”
SOURCE Herb Reed