Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Band Name Rights at Center of Battle Between Founding Isley Brothers

By Stan Soocher
October 01, 2023

Fundamental issues in rights in band names are how those rights are determined among group members — including leaving members — between different bands, in concept groups and as to third parties, including personal managers and record labels. A current dispute over a band name that's worth tracking is one between two founding members of "The Isley Brothers," the legendary r&b group, that focuses on what happens to ownership of the band name rights when one member stops performing with the group but continues to be involved in its business affairs.

O'Kelly, Ronald and Rudolph Isley formed the Isley music group in 1954. According to Rudolph, the three siblings "intended to operate and did operate the Group as a common-law partnership" by contributing equal amounts of capital, equally incurring expenses, and sharing control and profits. For a time, younger Isley brothers Ernie and Marvin along with their brother-in law Chris Jasper later performed with the group but without "ownership, direction, or control rights." O'Kelly died intestate in 1986, leaving Ronald and Rudolph each with a 50% percent ownership interest in the group. Several years later, Rudolph stepped aside from performing but remained involved in the band's business ventures.

Then in 2022, Ronald obtained for himself a federal trademark registration of the band name. Rudolph, meanwhile, maintained he still had a 50% share of The Isley Brothers. An attorney for Ronald responded: "Ronald has no problem jointly deciding and incorporating Rudolph in Isley Brothers business. However, it would be only for the years that Rudolph was a working member of the Isley Brother's group."

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.