The Crown Theatre in Las Vegas Must Immediately Stop Advertising and Promoting Its Long Running Oldies Show as Simply "The Platters"
Judge Du to Marshak: "Trademark Infringement is No Laughing Matter"
LAS VEGAS, July 26, 2012 /PRNewswire/ -- In a crippling blow to serial vocal group imitators Larry Marshak and his company Florida Entertainment Management, Nevada Federal District Court Judge Miranda M. Du issued a preliminary injunction prohibiting them and their agents from causing confusion in the marketplace for old and new fans seeking tickets to a performance of a current version of the original and legendary vocal group "The Platters." Larry Marshak's imitation group is currently seen nightly at the Crown Theatre in the Rio Hotel and Casino in Las Vegas, Nev.
The thorough and thoughtful 30-page decision reaffirms two previous Nevada federal court rulings that superior rights to the trademark belong to Herb Reed and his companies. Herb Reed, who passed away on June 4 of this year, was the founder and naming member of the Rock and Roll Hall of Fame, Vocal Group and Grammy Hall of Fame quintet The Platters. The Platters are 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.
New York-based music promoter Larry Marshak and his myriad companies have long been creating and touring imposter groups from the golden age of music such as The Platters, Temptations, Drifters and more recently, the Marvelettes, in effect denying these legendary impresarios of their legacies and identities and leading unsuspecting consumers to believe they are actually seeing original founding members or groups actually licensed and mentored by original members.
In her Order, Judge Du ruled that "Defendants" Marshak and his company Florida Entertainment Management, "and their agents are preliminary enjoined 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 may use the mark The Platters in connection with the names Larry Marshak's Tribute to The Platters or Larry Marshak's Salute to The Platters."
Responding to the Nevada ruling, Frederick J. Balboni, Jr. of the Balboni Communications Group, LLC, Reed's personal manager and manager of his companies said, "Thankfully Herb died knowing that The Platters name was returned to him. It was important to him that the legacy he and the other original members of the group cultivated continue. This decision paves the way for The Platters, also known as Herb Reed's Platters, to be recognized as the only authorized group to perform and continue the legacy. I only wish that Herb was still here to see this, but I know he is smiling down at us knowing another of the Great Pretenders has been stopped."
Reed's legal team is headed by Eric M. Sommers of Sommers Law, PLLC with Co-counsel John L. Krieger of Lewis and Roca, LLP, Dan Small, Robert Burns and Jeff Cleven of Holland & Knight, LLP.
Balboni Communications Group, LLC
Lewis and Roca, LLP
Sommers Law, PLLC
SOURCE The Herb Reed EstateBack to top