So I really wasn't able to give you much this week beyond M/M, but not a total loss, as I do have this tidbit to share. A scant four-song set from a reunited incarnation of
The Plimsouls featuring guitarist
Eddie Munoz. No Peter Case for this show, or apparently the entirety of this tour, which was billed as the Totally Tubular Festival, a bundle also entailing Modern English, Men Without Hats, Wang Chung, dude from Thompson Twins and even Annabella of Bow Wow Wow. Again, a very truncated setlist but Munoz and Co. had the wherewithal to stick to the numbers that you're most likely craving, and they still have the chops to do justice to them. Cheers.
01. Zero Hour
02. Oldest Story in the World
03. Now
04. A Million Miles Away
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4 comments:
Peter Case was mad online about Muñoz going out on tour with the "Plimsouls" name. When the TT tour came through D.C., they put him on stage at the same time that doors opened. I missed it.
https://www.billboard.com/pro/plimsouls-win-latest-legal-battle-over-band-trademarks-name/
Interesting, but I can't really read the article due to the paywall. This scenario plays out a lot though, albeit with the Plims I really have to wonder if there's any significant monies to be made even if the original lineup were to bury the hatchet and reconvene.
I was at the DC show. Munoz and co. played well. They were advertised as "Eddie Munoz of the Plimsouls," which is the proper way to do it, regardless of Munuz's feelings on the matter. No one in the crowd was fooled into thinking they were seeing the real band. (Similarly, the following act was billed as "Annabella's Bow Wow Wow," and they were very good.)
I'll try to share the full article with you.
"Who Owns A Band Name? 1980s New Wave Rockers Win Latest Legal Clash Over Band Trademarks" (B. Donahue, Billboard)
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 Munoz.
The band had accused Munoz 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.
On Wednesday (May 18), the federal Trademark Trial and Appeal Board said it was “crystal clear” that the band collectively, and not Munoz alone, owned the rights to “The Plimsouls” name – thanks in part to the fact that they were all continuing to receive royalties.
“[Munoz] 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.
Munoz 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 [Munoz]’s band for [The Plimsouls] and being disappointed as a result.”
In a joint statement to Billboard on Wednesday, the band’s attorneys (Chris Paparella, Michael Allan, Justin Ben-Asher and Bruce Bishop of the law firm Steptoe) said: “We and The Plimsouls are delighted that the Trademark Trial and Appeal Board vindicated their rights in their name. This is good news for The Plimsouls, their fans, and other rock bands.”
In his own statement, Munoz’s attorney Tareef Chamaa said his client disagreed with the ruling and was weighing an appeal. “The Plimsouls have been inactive for more than a decade now throughout which Mr. Munoz has fought to bring The Plimsouls music back to the fans. Mr. Munoz’s decision to continue The Plimsouls without the original members was done out of necessity rather than choice, as the other members of The Plimsouls, including Peter Case, have consistently refused to conduct live performances over recent years.”
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