Band Name Dispute Over Recording and Concert Uses

In October 2006, band member Gioia Bruno told the Web site AfterEllen.com, which focuses on the portrayal of lesbians and bisexual women in the media, that at the height of Expos's popularity, the women were sometimes paid as little as $200 a show by their management when they sang at the Boston Garden and other arenas.

Expos' lawyer David Helfant of Los Angeles sent Crystal Entertainment a letter last August to inform the company that the singers hired a trademark expert and discovered Crystal might not own the Expos' name when the band performs in concerts. Helfant said previous agreements with the band were vague and self-serving regarding ownership of the Expos' name for performances. 'Jeanette [Jurado] had no idea that Crystal's assertions of ownership of the trademark might not be true, and frankly did not question Crystal's allegation,' Helfant wrote in the letter.

'It's a mess,' Helfant said in an interview. 'My letter says, 'Tell us why you own the trademark for years.' On the face of it, it doesn't look like they do.' Helfant said the band sued in the late 1980s for a greater percentage of profits from recordings and concerts. They settled for a renegotiated contract.

Robert C. Kain Jr., a Fort Lauderdale trademark attorney representing Crystal, said it was 'highly unusual' for a musical group to claim that the artistic product is subject to the trademark agreement but not the performance of the material itself. 'With the resurgence of 1980s and 1990s dance bands, [Expos'] made a comeback and they have been operating under a trademark contract for 18 months to two years and they just canceled without legal justification,' Kain said. He noted the contract for the women to use the Expos' name terminated at the end of 2007. Kain would not comment on whether the August letter was a pre-emptive strike to keep the name.

But Michael Chesal, who co-chairs the intellectual property department for Miami law firm of Kluger Peretz Kaplan & Berlin, said Expos' may have a valid argument. 'Theoretically under a trademark, one person could use a name for a service and another person could use a name for an actual product,' Chesal said.

Crystal ended up in the girl group's picture when it became the successor-in-interest of Miami-based Pantera Productions, which had entered into the trademark agreement and created the band from scratch. Expos' was formed by producer and songwriter Martinee, who not only created Expos' and its record label, but also worked with other seminal club bands, such as the British synthpop/electronic music duo Pet Shop Boys. Initial success with 12-inch dance singles led to Expos' and Martinee being credited with inventing the genre of keyboard-heavy dance music called the Freestyle.

As soon as a deal for a full-length record was reached, the three original members of Expos' were replaced by the current lineup. Expos', which cut 'Seasons Change' in 1988 and rotated lead vocals among its members, had seven songs on the Billboard Hot 100. Moneymaker joined in the 1990s as the group moved into adult contemporary radio, still singing Martinee songs. The group disbanded in 1995 when Arista Records dropped them. In 2003, Expos' reunited without Bruno, who later rejoined in 2006, kicking off a tour at the American Airlines Arena in Miami. Moneymaker fills in when other members cannot make concert dates.

The group filed its own application with the U.S. Trademark Office in August 2007 for ownership of the Expos' name for live appearances. Helfant told Crystal Entertainment that any revenue in question will be kept in escrow until the matter could be resolved.

Crystal Entertainment & Filmworks of Miami recently filed a lawsuit against the group in U.S. District Court in Fort Lauderdale, alleging it owns the rights to the group's name. The music group's founder ' prominent Miami Beach songwriter and producer Lewis A. Martinee ' also filed recent applications for the trademark for both the recorded music and the performances.

Jeanette Jurado, Ann Curless Weiss and Gioia Bruno of Expos' assert that Crystal ' which inherited the ownership rights to Expos's recorded music ' does not have the right to the trademark as it pertains to live performances. Among its allegations, Crystal's lawsuit alleges trademark infringement, breach of contract and unfair competition. It also alleges 'cybersquatting' for the group using the Expos' name on its Web site. Crystal named former band member Kelly Moneymaker in the lawsuit, as well as the group's booking agent, Paradise Artists of Los Angeles, and its Las Vegas-based merchandise vendor, Walking Distance Entertainment.

According to the lawsuit and its exhibits, the music group signed an agreement with Crystal Entertainment in 2006 that acknowledges that Crystal owns all rights to the trademark Expos'. The agreement stipulates that Crystal will get 10% of the proceedings from concerts and 10% of the sales of merchandise. Crystal alleges that the group and Paradise directed Walking Distance to seek registration of Expos' on their behalf to 'obtain an unfair advantage and ride the coat tails of Crystal's marketing efforts,' the suit alleges. Crystal is seeking unspecified triple damages and attorney fees.

In October 2006, band member Gioia Bruno told the Web site AfterEllen.com, which focuses on the portrayal of lesbians and bisexual women in the media, that at the height of Expos's popularity, the women were sometimes paid as little as $200 a show by their management when they sang at the Boston Garden and other arenas.

Expos' lawyer David Helfant of Los Angeles sent Crystal Entertainment a letter last August to inform the company that the singers hired a trademark expert and discovered Crystal might not own the Expos' name when the band performs in concerts. Helfant said previous agreements with the band were vague and self-serving regarding ownership of the Expos' name for performances. 'Jeanette [Jurado] had no idea that Crystal's assertions of ownership of the trademark might not be true, and frankly did not question Crystal's allegation,' Helfant wrote in the letter.

'It's a mess,' Helfant said in an interview. 'My letter says, 'Tell us why you own the trademark for years.' On the face of it, it doesn't look like they do.' Helfant said the band sued in the late 1980s for a greater percentage of profits from recordings and concerts. They settled for a renegotiated contract.

Robert C. Kain Jr., a Fort Lauderdale trademark attorney representing Crystal, said it was 'highly unusual' for a musical group to claim that the artistic product is subject to the trademark agreement but not the performance of the material itself. 'With the resurgence of 1980s and 1990s dance bands, [Expos'] made a comeback and they have been operating under a trademark contract for 18 months to two years and they just canceled without legal justification,' Kain said. He noted the contract for the women to use the Expos' name terminated at the end of 2007. Kain would not comment on whether the August letter was a pre-emptive strike to keep the name.

But Michael Chesal, who co-chairs the intellectual property department for Miami law firm of Kluger Peretz Kaplan & Berlin, said Expos' may have a valid argument. 'Theoretically under a trademark, one person could use a name for a service and another person could use a name for an actual product,' Chesal said.

Crystal ended up in the girl group's picture when it became the successor-in-interest of Miami-based Pantera Productions, which had entered into the trademark agreement and created the band from scratch. Expos' was formed by producer and songwriter Martinee, who not only created Expos' and its record label, but also worked with other seminal club bands, such as the British synthpop/electronic music duo Pet Shop Boys. Initial success with 12-inch dance singles led to Expos' and Martinee being credited with inventing the genre of keyboard-heavy dance music called the Freestyle.

As soon as a deal for a full-length record was reached, the three original members of Expos' were replaced by the current lineup. Expos', which cut 'Seasons Change' in 1988 and rotated lead vocals among its members, had seven songs on the Billboard Hot 100. Moneymaker joined in the 1990s as the group moved into adult contemporary radio, still singing Martinee songs. The group disbanded in 1995 when Arista Records dropped them. In 2003, Expos' reunited without Bruno, who later rejoined in 2006, kicking off a tour at the American Airlines Arena in Miami. Moneymaker fills in when other members cannot make concert dates.

The group filed its own application with the U.S. Trademark Office in August 2007 for ownership of the Expos' name for live appearances. Helfant told Crystal Entertainment that any revenue in question will be kept in escrow until the matter could be resolved.