Members of the 1980s new wave band The Plimsolls won a legal ruling against the group's guitarist over the trademark rights to the band's name – the music industry's latest battle over classic rock band names.
In a ruling issued last week, a federal trademark court sided with Peter Case and two other members of the Plimsouls — best known for their 1983 hit “A Million Miles Away” from the movie. valley girl – in their fight with a guitarist Eddie Munoz.
The band had accused Munoz of essentially being a fraud, including appearing under “The Plimsouls” with new musicians and trying to secure his own trademarks on the name. They claimed fans “unwittingly bought tickets” to the shows because they thought they were the real band.
On Wednesday (May 18), the federal Trademark Trial and Appeal Board said it was “absolutely clear” that the band collectively, and not just Munoz, owned the rights to the name “The Plimsouls” — thanks in part to the fact that they were all continuing to receive rights.
“[Munoz] he had and continues to have his cake (rights from the band). But he can't eat it either (he exclusively owns the band mark),” the board wrote. “Audiences associate … THE PLIMSOULS with the band, not just its guitarist.”
The battle between the members of the Plimsouls is just the latest clash between bandmates over the legal rights to classic band names. Journey, Stone Temple Pilots and Jefferson Starship have fought protracted disputes over their trademarks, as have members of the Rascals, the Ebonys, the Commodores and the Platters.
Such disputes often arise from one question: Who really is the band? Is it the band members or an LLC that owns the rights to the name? Is it the original lineup or the one that created the greatest hits? Does one core member and a bunch of replacements count? Fans, band members and lawyers will probably give you different answers.
In the case of the Plimsouls, the band argued that all four members had always been part of a partnership that equally split control of the band's intellectual property, including trademarks in the band's name.
Munoz argued that the band had “abandoned” any such rights because its bandmates had not performed live under the name since 2007. But in its ruling last week, the trademark board rejected that argument.
“Petitioner has not abandoned The Plimsouls mark because the band's music has remained on sale … throughout the band's 45-year existence,” the judge wrote. “THE [trademark] always recognized their group, based on the group's music and live and filmed performances. This explains why consumers have complained [the band] after a mistake [Munoz]the band for [The Plimsouls] and we are disappointed as a result.”
In a joint statement to Advertising sign on Wednesday, the band's lawyers (Chris Paparella, Michael Allan, Justin Ben-Asher and Bruce Bishop of Steptoe law firm) said: “We and The Plimsouls are delighted that the Trademark Trial and Appeal Board has vindicated their rights to their name . This is good news for The Plimsouls, their fans and other rock bands.”
An attorney for Munoz did not immediately return a request for comment.
