Derrick Simpson v. Rudolph Dennis; Ervin Spencer; Terry Rindall and Performers of the World, Inc.
Published: Apr. 18, 1998 | Result Date: Jan. 27, 1998 | Filing Date: Jan. 1, 1900 |Case number: CV951898RAP Verdict – $285,000
Judge
Court
USDC Central
Attorneys
Plaintiff
Lance S. Gams
(Office of the Santa Monica City Attorney)
Defendant
Michael A. Machat
(Law Office of Michael Machat)
Facts
After 15 years with other performers, plaintiff Derrick "Duckie" Simpson brought defendants Rudolph Dennis and Euvin Spencer into his band "Black Uhuru" in 1989. The three did four albums together and toured all over the world until 1994, when defendants Dennis and Spencer refused to go on a European tour with Simpson and the musicians in the band. Instead, they retained defendant Terry Rindall and defendant Performers of the World Inc. who booked Dennis and Spencer as "Black Uhuru" on a U.S. Tour. The defendants have continued to tour as "Black Uhuru" since November 1994. The plaintiff brought this action against the defendants based on violation of the Lanham Act and trademark infringement theories of recovery. Defendants counter-claimed for breach of oral partnership agreement, trademark infringement and unfair competition.
Settlement Discussions
The plaintiff made no settlement demand. The defendants made no offer.
Damages
The plaintiff claimed damages to reputation, goodwill and lost profits.
Other Information
The verdict was reached approximately two years and 10 months after the case was filed. Settlement conferences were held before Magistrate Turchin and Judge Richard Paez.
Deliberation
two days
Poll
8-0
Length
two weeks
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