Cameo Clips

The U.S. District Court for the Southern District of New York granted a motion for summary judgment by Katherine Schaffner and the estate of Gladys Horton, original members of the 1960s Motown vocal group The Marvelettes, in a suit against them by concert promoter Larry Marshak alleging false designation of origin. Marshak v. Schaffner, 11 Civ. 1104. The Marvelettes broke up in 1969 (Horton left in 1967); Marshak began using the name “The Marvellettes” in the 1970s with his own version of the group, and from 1979 to 2008 held federal trademark registration in the name for entertainment services. In 2011, Marshak filed suit under the federal Lanham Act over rights in the name.

District Judge Denise Cote explained: “Rights in a mark [by senior common law users like Schaffner and Horton] signifying a singing group are not abandoned by the owner upon the group's disbandment, so long as the owner continues to receive royalties from the sale of the group's previously recorded material. ' Schaffner and Horton's estate continue to receive royalties for both sales of recordings and radio plays.” (For purposes of her summary judgment ruling, Judge Cote did not decide whether Motown or the original Marvelettes owned the group's name.)