Musical group members tell Congress: Accept no imitations

The Supremes, Danny and the Juniors, the Drifters and the other super groups from the 1960s have all worked their way into America's consciousness, but band members want to make sure it is the originals who America knows and remembers.

"The groups of the '60s are American treasures, and we want to make sure that when people come to see those groups they know what they are getting," said Mary Wilson, of the Supremes.

Wilson and other groups from the heyday of rock 'n' roll have joined forces to get a bill passed by Congress that would amend trademark legislation of 1946, known as the Lanham Act, to provide more protection to artists. Their efforts are particularly pertinent to the Las Vegas entertainment scene, in which imitation acts are abundant.

"We want to amend the act so that if you are a member of a famous group, only you and other members can use that name," Wilson said. "There are about three or four acts that go around the country using the Supreme name."

The Lanham Act is found in Title 15 of the U.S. Code and contains the federal statutes governing trademark law.

"This guy Lanham did a great job with this act when he started it, but he never touched on showbiz," said Joe Terry of Danny and the Juniors. "The act is mainly for businesses like IBM, and we need protection in there for artists."

Rock 'n' roll stars such as Terry and Wilson have brought artists' concerns about the act to the government.

In May, Terry gave testimony at a congressional hearing on the Lanham Act and has worked with Rep. Dennis J. Kucinich, D-Ohio, who represents the district that is home to Cleveland's Rock n' Roll Hall of Fame.

"We are looking for support in every quarter," Terry said. "The congressman has been very helpful, and we are very close to drafting a bill to amend the act."

Additions the artists would like to see include making it illegal for the name of a famous artist or group to be used by anyone other than that artist or group unless right of succession from the originals can be proved. Also, the new law would not allow more than one famous artist or group to use a specific name unless right of succession can be shown.

In his statement to Congress, Terry explained how he was approached about franchising the Danny and the Juniors name.

"It was proposed to us to give up our trademark so that five separate groups could tour the country, and we could sit back and earn a percentage," Terry said. "We asked if that would be confusing to the fans, and the agent said, 'The public doesn't care who's up there. They just want to hear the songs.'

"After I got rid of the sick feeling in my stomach, we politely declined."

Danny and the Juniors was one of the few groups to trademark its name before signing a record contract. By doing that, the group's name and hits such as "At the Hop" should have remained wholly owned by the group.

"There are a lot of cracks in the law that let people slip through," Terry said. "We had a case in Las Vegas a couple years ago where a 36-year-old kid decided to take the name and do shows in the hotels."

Las Vegas is a hotbed for imitators, but many groups do not want to pursue litigation because of the cost, Terry said.

Other groups have fallen victim to clever marketing that changes the name of their group just enough to escape litigation.

"You have groups out there calling themselves things like Former Ladies of the Supremes," Wilson said. "I don't mind if the name is used by people who were actually in the group, but it does bother me when people who were not a part of the group take the name."

The Former Ladies of the Supremes now are performing in the Las Vegas Hilton hotel-casino as part of the Dancing in the Streets production. The group includes former Supremes Lynda Laurence and Sherie Payne as well as Freddi Poole.

"We hired Lynda Laurence and Sherie Payne as replacements over the years," Wilson said. "I don't have a problem with them using the name because they are talented singers. That's why we hired them.

"But I don't know others who are using the name, and I don't know if they are good or bad, and I don't want them to confuse the public."

Wilson had to fill spots in the Supremes as originals including Diana Ross left the group.

The main concern is for the consumer when it comes to these famous group names, said Fred Wilhelms of Artists and Others Against Imposters, a group that is also working to get the act amended.

The Classics Four, the Drifters, the Coasters, the Boxtops and the Platters are some of the groups aligned with the artists' group.

"Would you rather drink grape juice or wine?" Wilhelms asked. "That's what it comes down to. The public would rather see the real deal. Hopefully, before long our amendments will be on the books and these artists and the public can be protected."

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