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3 Ent. L. Rep. 1 (1981-1982)

handle is hein.journals/enterml3 and id is 1 raw text is: tL IIJ - A II N4IL1F i ILAW II IIDl iQT ii Actln IlIctures Televiskn Iadic 44ui Thedler EUl)lihhinva Spurt% June 1, 1981 Volume 3, Number 1 In this issue: Manager of The Drifters enjoins former member of the singing group from performing under the same name ........................ 1 FCC is not required to review changes in entertainment programming when licensing radio stations, U.S. Supreme Court rules ........ 2 King of the Gypsies by Peter Maas did not libel Gypsy family, Federal District Court rules ... 2 Music publisher's blanket license was an illegal tying arrangement and unauthorized attempt to license not-for-profit performances ... 3 Court enforces arbitrator's award reinstating Metromedia employee to position as technical director of TV station ........................ 3 FCC denies license renewal application of two Mississippi radio stations; affirmed by Court of Appeals ............................ 4 Court denies television station's request to copy and televise video tapes received in evidence in criminal trial showing pre-rape conduct of kidnapper and his victim ............ 4 Contempt citation against television reporter for refusing to reveal sources is upheld ......... 5 Blanket and comprehensive liability insurance policy did not cover copyright infringement ...... 5 Court orders parties claiming right to advertising campaign to enter into buy-sell agreement and awards damages for infringement of copyrighted ad campaign ....... 5 Income from sale of radio and tv rights to sports events is tax free to tax exempt organizations, though rental of athletic facilities may be taxable .................. .. 6 Briefly Noted: Cable Television, Use Tax, Obscenity and Libel ........................ 7 Previously Reported ........................ 8 In the Law Reviews .......................... 8 Educational Programs Calendar ................ 8 Lionel S. Sobel Editor Eileen L. Selsky Associate Editor Copyright © 1981 by the Entertainment Law Reporter Publishing Company, 9440 Santa Monica Blvd., Suite 600, Beverly Hills, CA 90210 Manager of The Drifters enjoins former member of the singing group from performing under the same name Charles Thomas, Elsbeary Hobbs and Doc Green, three members of the singing group The Drifters - who originally achieved prominence in the late 1950s and early 1960s with such hit songs as There Goes My Baby and Save The Last Dance For Me - resumed performing in the early 1970s under the management of Larry Marshak. In 1976, manager Marshak, after reading about The Platters' success in protecting its name (Five Platters,. Inc. v. Purdie, 419 F.Supp. 372 (D.Md. 1976)), urged the three to file for service mark registration covering the mark The Drifters. Marshak further urged them to assign to him their rights under the application. In return, he promised to continue as their manager and be vigilent in stopping others from using The Drifters name. The-three agreed, signed the application and executed an assignment. The service mark registration was issued by the Patent and Trademark Office in 1978. The three continued to perform together under Marshak's management until June 1979, when Green broke away and formed another group, managed by Dave Rick, also using the name The Drifters. Marshak then brought suit against Green and Rick, charging service mark infringement, unfair competition, and dilution of the mark. A Federal District Court in New York has ordered Green's group to cease performing under the name The Drifters or any variation thereof. The court's order also includes a prohibition against the use of the mark The Drifters on any billboard or other promotional material and a requirement that Green's group surrender to Marshak any existing promotional material. The court found a clear showing of likelihood of confusion. Green's group performs in the same areas as, in the same style as, and in direct competition with Marshak's group. Green himself testified that the pub- lic, in buying tickets to a concert, was likely to be con- fused as to which group was performing. The court also found that the assignment of the servicemark application to Marshak had been valid. Entertainment Law Reporter 1

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