New Wave
Members of the 1980s new wave band The Plimsouls have 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 the names of classic rock groups.
In a decision issued last week, a federal trademark tribunal 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 guitarist Eddie Munez.
The band had accused Munez of effectively going rogue, including performing under “The Plimsouls” with new musicians and seeking to secure his own trademarks to the name. They claimed fans “unwittingly bought tickets” to the shows because they thought it was the real band.
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On Wednesday (May 18), the federal Trademark Trial and Appeal Board said it was “crystal clear” that the band collectively, and not Munez alone, owned the rights to “The Plimsouls” name – thanks in part to the fact that they were all continuing to receive royalties.
“[Munez] had and continues to have his cake (royalties from the band). But he cannot eat it too (exclusively own the band’s mark),” the board wrote. “The public associates the … THE PLIMSOULS with the group, not just its lead guitarist.”
The battle between the members of the Plimsouls is just the latest clash between bandmates over the legal rights to classic group names. Journey, Stone Temple Pilots and Jefferson Starship have all fought protracted litigation over their trademarks, as have members of the Rascals, the Ebonys, the Commodores and the Platters.
Such disputes often arise out of one question: Who truly constitutes 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 produced the biggest hits? Does one key member and a bunch of replacements count? Fans, band members and lawyers will likely give you different answers.
In the case of the Plimsouls, the band argued that all four members had always been members of a partnership that equally split control of the band’s intellectual property, including the trademarks to the band’s name.
Munez argued back that the band had “abandoned” any such rights because his bandmates had failed to perform any live concerts under the name since 2007. But in its ruling last week, the trademark board rejected that argument.
“Petitioner has not abandoned its mark The Plimsouls because the band’s music has remained on sale … throughout the band’s 45-year existence,” the judge wrote. “The [trademark] has always identified their group, based on the group’s music, and live and filmed performances. This explains why consumers have complained to [the band] after mistaking [Munez]’s band for [The Plimsouls] and being disappointed as a result.”
Neither side immediately returned a request for comment on Wednesday.
Alan Rankine, co-founder of Scottish pop band The Associates, died Monday at 64.
The news was first reported by both the BBC and The Guardian after a Facebook post by the multi-instrumentalist’s’ two sons began circulating on the social network. “Callum and Hamish’s message say it all,” Rankine’s ex-wife Belinda Henderson (nee Pearse) wrote to share the sad news. “‘It’s with great sadness that my brother, Hamish, and I announce the passing of our father, Alan Rankine. He died peacefully at home shortly after spending Christmas with his family. He was a beautiful, kind and loving man who will be sorely missed. Callum & Hamish Rankine.’”
Formed in 1979 by Rankine and singer Billy McKenzie, The Associates initially became known throughout their native Scotland thanks to their unauthorized cover of David Bowie’s “Boys Keep Swinging.” After the rendition got them signed to Fiction Records, the duo released their debut studio set The Affectionate Punch in 1980 and became integral in Britain’s New Pop movement. A follow-up compilation titled Fourth Drawer Down arrived the following year and eventually, the band released three more albums: 1982’s Sulk, 1985’s Perhaps and 1990’s Wild and Lonely — though Rankine left the band on the precipice of touring around the final album.
Though none of The Associates’ music broke through on the Billboard charts over the course of their career, though Fourth Drawer Down reached No. 5 on the U.K. Independent Albums Chart and Sulk peaked at No. 23 on the U.K.’s Official Albums Chart thanks to the popularity of its singles “Party Fears Two” and “Club Country.”
Later in his life, Rankine worked as a producer for artists like Cocteau Twins, Paul Haig and The Pale Fountains. He also released a trio of solo albums including The World Begins to Look Her Age in 1986, She Loves Me Not in 1987 and The Big Picture Sucks in 1989.
Read the news of Rankine’s death below.
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