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Truth In Music
A great day for Truth in Music!
The Marvelettes saga is over! A "settlement" has been reached which is not exactly a "settlement," but rather the result of a court opinion that made a trial an academic waste of time and money with a foregone conclusion. This one-sided "settlement" clears the way for Katherine Anderson Schaffner and the Estate of Gladys Horton to register the name "The Marvelettes" on the basis of their superior rights in relation to longtime claimant and impostor group purveyor Larry Marshak. Marshak can now politely call his "product" "A TRIBUTE TO THE MARVELETTES" all in the same size type font, or my favorite, "Larry Marshak's Tribute to The Marvelettes" in which case "Larry Marshak's Tribute" has to be at least 75% of the size of "Marvelettes." There is also some financial consideration involved. The end.
Congratulations to the excellent lawyers at Reed Smith New York who handled this case pro bono, most notably lead litigator Kerren Zinner and her associates Pamela Schoenberg and Andrew Messite. Great thanks also to our longtime friend Darren Cohen who pursued The Marvelettes' goal at the Patent and Trademark Office for Reed Smith until Marshak filed suit in federal court, and his colleague, the great Steven Getzoff, father of the wondrous musician The-O. It was Steve who first took note of the Truth in Music law when it passed in New York and pressed for Reed Smith to help, pro bono, with the Truth in Music movement. Our gratitude to all at Reed Smith is boundless. And, as always, words can't express my appreciation for the advice and dedication of my friend and cohort Robert Nathan.
Simply put, we are winning!
Jon "Bowzer" Bauman
Chair, Truth in Music Committee
Vocal Group Hall of Fame
A quick followup to my last e-mail--- the long-running show at the Rio Hotel in Las Vegas has been shut down as a result of the preliminary injunction vs. the Larry Marshak "Platters" and continuing woes re his "Marvelettes." Marshak has appealed the "Platters" decision, but the judge has vast discretion in granting an injunction and in our opinion it's unlikely she will be overturned. The show could conceivably reopen somewhere, but only with "Tribute" billing, which makes it an entirely different entity. There is at least preliminary reason to celebrate!!!
Jon "Bowzer" Bauman Chair, Truth in Music Committee Vocal Group Hall of Fame
July 27, 2012
TRUTH IN MUSIC is pleased to announce TWO recent major victories against impostor groups. In the Ninth Circuit, a series of decisions beginning with Reed v. Bennett have finally affirmed that Herb Reed was indeed the rightful owner of The Platters' mark, as well as "Herb Reed and The Platters" and "Herb Reed's Platters." As a result, the Ninth Circuit has begun to enjoin impostor groups using The Platters' name. Preliminary injunctions have been issued against the Larry Marshak group(s) and the Monroe Powell group. The "Wilson Williams and his Platters'" trademark registration has also been cancelled at the Patent and Trademark Office. The Marshak groups are required to be billed as "Larry Marshak's Tribute (or Salute) to The Platters" if they wish to perform at all. Watch the show at the Rio Hotel in Las Vegas or this alteration in billing, if in fact this show continues at all. The public will no longer be deceived!
As I'm sure you all know, the great pioneer Herb Reed passed away in early June, but he had the satisfaction of knowing that he had won The Platters' name and that injunctions against the impostor groups were likely. His corporation, Herb Reed Enterprises, is able to continue his legacy and the legacy of The Platters with the proper quality control that the public deserves. Superb work was done on this caseby Herb Reed's manager, Fred Balboni, and Herb's lawyer Eric Sommers, as well as local Nevada counsel John Krieger. We at Truth in Music had always expressed confidence that an earlier unpublished Ninth Circuit opinion could be used to clarify the convoluted history of Platters' litigation, and in fact that was the case. After more than 50 years of litigation, the Platters' name has finally and clearly been returned to the person who named the group in 1953, and that is as it should be, in our opinion as well as the Court's! It should also be noted that Sonny Turner, who replaced Tony Williams as The Platters' lead singer in 1960, still performs under his own name, Sonny Turner, Former Lead Singer of The Platters, and now has a fair and level playing field on which to market his substantial talents, a playing field no longer littered with phony "Platters" groups deceiving the public as to their legitimacy and undercutting the authentic performers' fees. We anticipate that the preliminary injunctions described above will become permanent injunctions in due time.
The second significant development occurred in the Second Circuit with regard to The Marvelettes. Judge Denise Cote has opined that the rights of original Marvelettes Katherine Anderson Schaffner and the estate of Gladys Horton are superior to those of Larry Marshak, which should ultimately end Marshak's decades-old attempt to usurp The Marvelettes' name. Judge Cote wrote a sentence in her opinion that summarizes a central principle of our Truth in Music movement. She held that “a stranger to the creation of goodwill associated with a mark could not develop common law rights in the mark for live performances where the original owner maintains rights in the mark to market musical recordings.” The Truth in Music movement is all about fighting these "strangers," outsiders trying to prey on and cash in on famous names whose goodwill they had done nothing to create. Many conflicts in the world of musical groups can be defined as "internal disputes," and those are a very different matter in which no "strangers" are involved. The Truth in Music Law which we have passed in 34 states is designed to rid the musical landscape of impostor groups, of "strangers," not to settle internal disputes between parties who may have legitimately contributed to the establishment of the goodwill of that group name. Watch for significant changes likely to come soon in the status of The Marvelettes, as the excellent lawyers at Reed Smith New York, Kerren Zinner, Andrew Messite and Pamela Schoenberg, follow up on Judge Cote's decision.
As if these two tremendous developments weren't enough, there have also been some excellent responses recently from venues which had booked what we regard as impostor group shows. Twin River in Rhode Island turned a show into a "tribute" when the venue was not convinced the lineup in question could pass muster under Rhode Island's Truth in Music Law. Efforts by our great ally, New Jersey Deejay Corky Warren, yielded similar results with regard to a municipal show in Camden, New Jersey. It's worth noting that Singer Management v. Milgram has now been concluded in favor of the NJ Attorney General's Office. This Third Circuit opinion upheld the constitutionality of the Truth in Music Law, and the NJ AG's office is now once again unencumbered in its efforts to enforce this law in response to consumer complaints.
All in all, a remarkable period of progress for Truth in Music. We are succeeding in creating a fair and just environment for musical groups now and forever, in which impostors will be prevented from deceiving the public and the authentic performers will retain the legacy they worked so hard to create.
Jon "Bowzer" Bauman Chair, Truth in Music Committee Vocal Group Hall of Fame
May 19, 1958 Alan Freed joined N.Y.'s WABC Radio one week after
quitting his position at WINS. The same day the Clovers
signed with Poplar Records after seven years with Atlantic.
The Drifters classic "Drip Drop" (#58) was released and
Jerry Butler & The Impressions debut disc "For Your Precious Love"
( #11) came out.
1979 – The Beatles (McCartney, Starr and Harrison) and a Stone (Jagger) performed at Eric Clapton’s and Patti Boyd’s wedding reception. Boyd was Harrison’s ex. It was the first time since their 1969 breakup that the 3 Beatles played together.
Top Single:
"The Magic Touch" The Platters #4 1956
“Soldier Boy” The Shirelles #1 1962
May 20, 1957 The Chantels "I Really Love You" and The Mellokings classic "Tonite, Tonite" (#77) were issued.
1955 – Ruth Brown’s hit “Mama, He Treats Your Daughter Mean” was banned in Britain. The BBC felt it might encourage wife beating.
Top Single: "I'll Take You There" The Staples Singers #1 R&B 1972
“Groovin” The Rascals #1 1967
Birthday: Susan Cowsill (The Cowsills) 1960
May 21, 1955 The Four Knights first Top 100 single "If I May" (#8) charted.
One of the groups four pop hits was "My Personal Posession"(#21)
with Nat "King" Cole singing lead.
Top Single: "Sun Ain't Gonna Shine Anymore"
The Walker Brothers 1966 #13
Birthday:
Ronald Isley (The Isley Bros) 1941
May 22, 1954 The Rivileers "Forever" (Baton),
The Strangers "Blue Flowers (King) and The El Rays
"Darling I Know" were released.
Soon after, The El Rays changed their name to The Dells.
1958 – Jerry Lee Lewis arrived in England for his first tour.
After three performances it was cancelled when the British
press discovered Lewis had just married his 14 year old cousin.
Top Single: "Daddy's Home" Shep & The Limelites 1961 #3
“Mother-In-Law” Ernie K. Doe #1 1961
Birthday:
Jimmy Keys (The Chords)
1930
May 23, 1970 The Chairmen Of The Board's "Dangling On A String"
became the 2nd of their 12 R&B chart singles (38 Pop, #19 R&B)
1964 – The harmonica part in Millie Small’s hit “My Boy Lollipop”
(#2 U.S. & U.K.) was played by Rod Stewart.
Top Single: "Chapel Of Love" The Dixie Cups 1964 #4
“Cathy’s Clown” The Everly Brothers #1 1960
Birthday: General Norman Johnson (Chairmen of The Board)
1943
May 24, 1969 The Emotions charted with “So I Can Love You”
their debut disc on both the Pop (#39) and R&B (#3) charts.
The trio of Hutchinson sisters went on to have 30 R&B hits thru 1984.
1971- On Bob Dylan's 30th birthday, he visited The Wailing Wall in Jerusalem.
Top Single: “Oh Happy Day” Edwin Hawkins Singers #5 1969
"Shining Star" Earth Wind & Fire #1 1975
Birthday:
Sara Dash (Labelle) 1942
Patti Labelle (Labelle) 1944
Bob Dylan 1941
May 25, 1951 The first R&B hit to crossover to the Pop Top 20 was
Billy Ward & The Dominoes "Sixty Minute Man" (#17) which charted today.
1951 – The first R&B hit to crossover to the Pop Top 20 was Billy Ward & The Dominos “Sixty Minute Man” (#17) which charted today.
Top Single: "If You Wanna Be Happy" Jimmy Soul #1 1963
Birthday:
Mitch Margo (Tokens)
1947
May 26, 1956 The Clovers "Love, Love, Love" (#30 Pop, #4 R&B),
The Magnificents "Up On A Mountain" (#9 R&B) and
The Tokens "While I Dream" were released.
The Tokens lead singer at the time was Neil Sedaka.
1989 – Even in death there is no escape: Roy Orbison’s estate (He died in December, 1988) was sued by his music publisher because he failed to fulfill his song commitment under his 1985 contract.
Top Single: "Lovers Who Wander" Dion & The Del-Satins #10 1961
“All I Have To Do Is Dream” The Everly Brothers #1 1958
Birthday:
William Powell (The O'Jays) 1977
May 27, 1957 The Cellos Doo Wop novelty, "Rang Tang Ding Dong"
slipped onto the pop charts reaching #62.
It was covered by 16 year old Ray Stevens who began his
recording career with the tune. The same day,
The Dominoes "Stardust" (#12 Pop, #5 R&B) was released.
1954 – Twenty days after Uncle Sam called Drifters lead
singer Clyde McPhatter the groups “Honey Love” was released.
It became their 2nd #1 R&B hit of 3 releases.
Top Single: "I Got Rhythm" The Happenings #31967
“Groovin” The Rascals #1 1967
May 28, 1954 Apollo Records formed the subsidiary Lloyds Label and signed The Larks who reformed after previously being with Apollo and breaking up.
Top Single: "Love Is Like An Itching In My Heart" The Supremes #91966
Birthday: Gladys Knight (Gladys Knight & The Pipps) 1944
May 29, 1954 Frankie Valli's first recording, "Somebody Else Took Her Home"
was released but not with The Four Seasons.
He was then a soloist going under the name Frankie Valley.
Frankie Valli’s first recording “Somebody Else Took Her Home”
was released but not with the Four Seasons.
He was then a soloist going under the name Frankie Valley.
Top Single: "Double Crossing Blues"Little Esther & The Robins #3 R&B 1950
“Travelin’ Man” Rick Nelson #1 1961
May 30, 1953 Collectors favorites, "You Are My Only Love" (The Cardinals) and
"These Foolish Things" (The Five Keys) were released.
1960 – Brenda Lee’s first #1 “I’m Sorry” charted.
She went on to have 52 Top 100 charters in 16 years.
Top Single: "Love On A Two Way Street" The Moments #31970
“Love Me Do” The Beatles #1 1964
May 31, 1954 The Clovers opened at Emersons in Philadelphia.
1958 - The era of Surf Music began 3 years ahead of
the Beach Boys when Dick Dale performed his
"Let's Go Trippin" at The Rendevous Ballrooom in Balboa, California.
Top Single: “So Fine” The Fiestas #4 R&B 1959
"Get Back" The Beatles #11969
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