This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Intellectual Property
Trademark Infringement
Lanham Act

Herb Reed Enterprises, LLC, a Massachusetts Company v. Florida Entertainment Management Inc., a Nevada company; Larry Marshak, an individual

Published: Aug. 18, 2012 | Result Date: Jul. 24, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-00560-MMD-GWF Bench Decision –  Preliminary injunction issued

Facts

The Platters were a rock and roll group known for several music hits, including "The Great Pretender," "Only You," "Smoke Gets in Your Eyes," and "My Prayer." Larry Marshak and his company, Florida Entertainment Management, created imitation groups for vocal acts, which performed at the Crown Theater in the Rio Hotel and Casino in Las Vegas, Nev. Herb Reed and his companies, which owned trademarks to the group, filed a trademark infringement lawsuit against Marshak and his company.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged Defendants created and toured imposter groups while leading consumers to think that they had purchased tickets for and were seeing original members of the groups.

Result

The Court issued a preliminary injunction, which barred Defendants and their agents from using the mark "The Platters" or equally similar names or marks in relation to a vocal group or marketing materials with two specific exceptions.


#90175

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390