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Third Cir. Upholds Contempt Order In 'Drifters' Case
The U.S. Court of Appeals for the Third Circuit upheld a finding of contempt against associates, family employees and corporate successors-in-interest of music promoter Larry Marshak over use of the name of The Drifters vocal group. But the appeals court strengthened remedies that plaintiff Faye Treadwell, widow of former Drifters manager George Treadwell, had been awarded by the district court in the contempt proceeding. Marshak v. Treadwell, 08-1771.
Faye Treadwell sued Marshak in the 1990s. In 1999, the U.S. District Court for the District of New Jersey issued a permanent injunction finding that Larry Marshak had fraudulently acquired a federal trademark for “The Drifters” while Treadwell continued to have common law rights in the name. In 2006, Treadwell filed a motion for contempt over Marshak's continued use of The Drifters' name. The district judge presiding at that time granted the motion but limited Treadwell's recovery only to attorney fees.
The Third Circuit emphasized that the original judge in 1999 had “enjoined Marshak and his company from marketing The Drifters anywhere ' not On Broadway, not Up On the Roof, and not Under the Boardwalk ' and ordered a full accounting of profits.”
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