A former member of the classic rock band The Rascals cannot block his former bandmates from using the name for a reunion tour, a Manhattan federal judge has ruled.
Eddie Brigati accused two of his former bandmates of breach of contract and trademark infringement by using the name “Rascals” during his 2018 tour, but US District Judge John G. Koeltl dismissed it. those allegations in Thursday’s ruling.
The judge cited a number of different reasons why Brigati’s claims were legally flawed, most notably that Brigati – who had left the band in 1970 – had long since “giveled up”. its legitimate interest in the “Rascals” trademark went unused for decades.
“Brigati has not shown that he performed even once under any version of the name The Rascals between 1970 and 2012,” Judge Koeltl wrote in his ruling.
The Rascals, originally The Young Rascals, is a New Jersey rock musical that released a trilogy Billboard Hot 100 topped the charts in the late 1960s: “Good Lovin,” “Groovin,” and “People Got to Be Free.” The band – Brigati, Felix Cavaliere, Gene Cornish and Dino Danelli – completely disbanded in 1972 but still toured occasionally and was later inducted into the Rock and Roll Hall of Fame in 1997.
The current lawsuit, filed by Cavaliere and Cornish through their company Beata Music LLC in 2018, seeks court approval to use “Rascals” on a reunion tour after Brigati refused to participate. and object to their use of this name. Brigati subsequently filed an objection, accusing Cavaliere and Cornish of misconduct in using and attempting to register the trademark.
In dismissing those allegations on Thursday, Judge Koeltl dismissed the argument that Cavaliere and Cornish breached contract by using the name, ruling that the various agreements between the gang members did not apply to the situation. Current picture or Brigati is not a party to them.
Judge Koeltl also dismissed Brigati’s allegation that Cavaliere and Cornish violated trademark law, saying it was unlikely that consumers would be confused when they read the carefully written tour name: “Felix Cavaliere and Gene Cornish’s Rascals. ” He also said Brigati simply waited too long to apply.
“Brigati offered no justification for his delay, and [Cavaliere and Cornish] would be prejudiced if Brigati was allowed to sit idly by for decades while others effectively used the Rascals trademark, only to assert claims of trademark infringement when a lawsuit was filed against him,” wrote the judge.
An attorney for Brigati declined to comment on Friday (January 7). An attorney for Cavaliere and Cornish told Billboards he was “satisfied with the court’s thorough analysis.”
“We initially brought the case for the purpose of determining which union members could use the name The Rascals for the final tour, due to some ambiguous contract language. It was a limited case that led to far-reaching counterclaims,” Eric Bjorgum, by the law firm Karish & Bjorgum PC. “Our claims are technically still pending and we are reviewing our options. Overall, we’re happy to have the dissenting statements behind us and to have clarity about the contractual issues that have plagued the original members for a while. “
https://www.billboard.com/pro/rascals-member-cant-stop-bandmates-from-using-name/ Ex-Rascals Member Can’t Stop Bandmates From Using Names – Billboard