The Great Pretender

The singing group known, as "The Platters" was so successful that its members were eventually inducted into the Rock and Roll Hall of Fame. One of the group's biggest hits was The Great Pretender," a song whose title was fitting in light of later legal battles over the right to use of the group's name. The latest dispute was between Herb, the group's founder and the only person who has performed continuously with the group since its inception, and Martha, the widow of a member of the group from 1954 to 1965. Martha does not perform but manages a group called "The Platters" that does not include any of the original members.

Martha sued Herb, claiming the exclusive right to use of the name "The Platters." Under earlier court decisions, the right to use of the trademark The Platters" by the original group belonged collectively to the group's members. Martha's claim stemmed from the fact that shortly before his death her husband had transferred in writing all of his rights in the trademark. By that time, many years had passed since he had left the original group and stopped performing.

Following the lead of similar cases from other courts involving musical groups, a federal court of appeals applied the rule that members of a group do not retain the rights to use the group's name when they leave the group. By contrast, someone remaining continuously with the group, who is in a position to control its quality, retains the right to use of its name, even if it is only as a manager rather than as a performer. Herb had the right to use the name The Platters" to the exclusion of Martha and anyone else. The transfer of rights to Martha by her husband was meaningless because by that time he had nothing to convey.

The outcome obviously rewards those who start a group and stick with it through the goings and comings of other members, but the court also noted a broader benefit to the music listening public. Prohibiting anyone other than the owner of the group's name from performing as "The Platters" also would avoid confusion among reasonable consumers, which is one of the underlying purposes of trademark law.

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