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
Court
USDC Nevada
Attorneys
Plaintiff
Defendant
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.
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