Otis on the WAR PATH!!!!!!!!!!!!

[janebse]

Beej is right. I read a lawyer's remarks on the matter, and he went into legal details which I don't have at my fingertips. The gist of his legal research, etc. is that Beej is correct. I suspect that if any of us were in Otis' shoes, we'd do exactly what Otis is doing. After all, it's our livelihood. And we are all aware of how many places have deliberately given the wrong impression of who is actually appearing in their arena. And if you think it was not deliberate fasle advertising, then I'd say the people running the business are very well informed about their business.

[ramzy]

If Dennis, Glenn, Ollie and Bo were, indeed, "legendary" talents, then they shouldn't need to use the Temptations name -- or sing Temptations songs originally recorded by David or Eddie -- to sell tickets. Why don't the last three call themselves something completely different and record new material? Unlike Dennis, they can still sing. That would generate big news in the R&B/Soul community...much bigger than where Otis' Temptations are performing next.

If they were not indeed legendary then they would be no threat. Be for real you dont think there are countless other little piss-ant groups out there somewhere capitalizing on the Tempts work and good fortune? Why not git them all? All of them arent threats are they but there is the problem of the well no contibutors to Tempts hits. There is this thing about fans remembering whop these guys are and not being so connected with todays dull boys. They paid their dues and deserve to be recognized for who they are especially Dennis Edwards.

[MissTara]

janebse said:

Beej is right. I read a lawyer's remarks on the matter, and he went into legal details which I don't have at my fingertips. The gist of his legal research, etc. is that Beej is correct. I suspect that if any of us were in Otis' shoes, we'd do exactly what Otis is doing. After all, it's our livelihood. And we are all aware of how many places have deliberately given the wrong impression of who is actually appearing in their arena. And if you think it was not deliberate fasle advertising, then I'd say the people running the business are very well informed about their business.

Basically, in a nutshell, this whole thing will get shut down due to legality.

[stilltempting21]

I guess the phrase "Temptations Forever" only implies to one person that is Mr. Otis Williams

[AnnaK]

stilltempting21 said:

I guess the phrase "Temptations Forever" only implies to one person that is Mr. Otis Williams

In a way, that is right, ST21. Otis is the only one with the "eternal' right to the name because he has bought that right. That was an intelligent and farsighted decision. The way he uses/abuses this right, though, is less than smart, in my opinion. Legally, he is in the right (at least partly). Morally, he is not.

[AnnaK]

misstara said:

janebse said:

Beej is right. I read a lawyer's remarks on the matter, and he went into legal details which I don't have at my fingertips. The gist of his legal research, etc. is that Beej is correct. I suspect that if any of us were in Otis' shoes, we'd do exactly what Otis is doing. After all, it's our livelihood. And we are all aware of how many places have deliberately given the wrong impression of who is actually appearing in their arena. And if you think it was not deliberate fasle advertising, then I'd say the people running the business are very well informed about their business.

Basically, in a nutshell, this whole thing will get shut down due to legality.

Tara, I'm afraid I don't know what "thing" you're referring to. Is it Otis' action or the actual or perceived infringements on his rights?

[MissTara]

raggedy said:

Tara, I'm afraid I don't know what "thing" you're referring to. Is it Otis' action or the actual or perceived infringements on his rights?

I'm referring to the shows happening now. "The Legendary Lead Singers Of The Temptations" This lawsuit will shut the show down, quick

[Melody]

Hey ((((((((((((((((((((((((((((((((Everybody)))))))))))))))))))))))))))! Shout outs to Everybody!

I thought that ((((Ali))) was with (((The Temptations's Review))))? Has he left the group? I wonder if this suit action has stopped the shows in Vegas? I understand (((Otis)))'s viewpoint. The only thing ((((The Legendary Lead Singers)))) have been around awhile. (((Harry))) was even in the group. The Legendary Lead Singers must be really putting a hurting on (((Otis))) for him to feel as though he has to file a suit now. TTYAL!

[Melody]

Oh I forgot to say ((((Smooth))))! I agree with you about the Temptations' music. While the (((Classic Five)))) is my favorite lineup and then the lineup with ((((Barrrington)))) and ((((Harry))), I Love that the Temptations have such a wide variety of music!! No group can touch the Temptations! I enjoy all the decades of music of the Tempts. I have my ticket for the Temptations' concert for next month at the Star Plaza. TTYL!

[AnnaK]

misstara said:

raggedy said:

Tara, I'm afraid I don't know what "thing" you're referring to. Is it Otis' action or the actual or perceived infringements on his rights?

I'm referring to the shows happening now. "The Legendary Lead Singers Of The Temptations" This lawsuit will shut the show down, quick

I don't know. I think they deserve the name, and that O. should have to show hard evidence that calling themselves such does "damage" his or the Tempts reputation. I believe the opposite is the case.

AK

[Beej]

melody said:

I understand (((Otis)))'s viewpoint. The only thing ((((The Legendary Lead Singers)))) have been around awhile. [They] must be really putting a hurting on (((Otis))) for him to feel as though he has to file a suit now.

Wow...a ((((Melody)))) sighting! Nice to see you again.

If Otis' attorneys intend to seek both compensatory and punitive damages as part of the lawsuit, then they have to show that he has been injured (financially or otherwise) by the other group's deliberate use of the "Temptations" name. There's a reason he and his attorneys have waited this long to file suit. By allowing the "ex-Tempts" to continue to perform under one fraudulent name or another since 2004 -- as opposed to immediately seeking a court injunction forcing them to cease -- Otis' legal team now has a stronger case against the trio and everyone involved in their management and promotion.

A jury would be far less likely to award the kind of damages he's seeking if the Glenn/Ollie/Bo group had only performed a few shows before being shut down by court order.

Otis Williams is no dummy...he's been through this before. I think it's safe to assume that this lawsuit has been in the works for sometime now. If his attorneys intend to show a long pattern of wanton disregard for trademark rights by the defendants and substantial financial injury to Otis, then they have to be able to show instances in which THE Temptations have either lost gigs or had their reputations damaged through trademark infringement, misleading promotions and/or shady advertising designed to foist a cheaper, less prestigious group on unwitting audiences.

Obviously, they feel they can.

The timing of the lawsuit is not because Glenn, Ollie and Bo are so "legendary" that Otis resents them or that they're out-performing THE Temptations. Lawsuits of this magnitude are a tedious process. It takes time to collect evidence and build a solid case. In an action seeking damages to the extent of this one, there's no reason to rush things.

Again, no one is stating that they can't refer to their time with the Temptations in their name or promotional material...only that they can't do it in a way that violates trademark law or misleads audiences. They clearly appear to have willfully done both over an extended period of time.

Look at it this way...

Dennis' use of "The Temptations Revue (or Review)" is perfectly acceptable...the moniker is seen as a reference to an entirely different entity. The names "The Legendary Lead Singers Of The Temptations" and "The Temptations Reunion Show," however, are direct references to THE Temptations...an unquestionable violation of trademark and seemingly deliberate effort to mislead audiences.

Let's face it, they knew what they were doing. They were trying to capitalize on the Temptations name and legacy, rather than their own identities and abilities. Now, they're going to suffer the consequences. I don't envy them. If I were their attorney, I'd be doing everything under the sun right now to make amends and reach a settlement with Otis.

If this goes to trial, they're toast.

[ramzy]

beej said:

melody said:

I understand (((Otis)))'s viewpoint. The only thing ((((The Legendary Lead Singers)))) have been around awhile. [They] must be really putting a hurting on (((Otis))) for him to feel as though he has to file a suit now.

Wow...a ((((Melody)))) sighting! Nice to see you again.

If Otis' attorneys intend to seek both compensatory and punitive damages as part of the lawsuit, then they have to show that he has been injured (financially or otherwise) by the other group's deliberate use of the "Temptations" name. There's a reason he and his attorneys have waited this long to file suit. By allowing the "ex-Tempts" to continue to perform under one fraudulent name or another since 2004 -- as opposed to immediately seeking a court injunction forcing them to cease -- Otis' legal team now has a stronger case against the trio and everyone involved in their management and promotion.

A jury would be far less likely to award the kind of damages he's seeking if the Glenn/Ollie/Bo group had only performed a few shows before being shut down by court order.

Otis Williams is no dummy...he's been through this before. I think it's safe to assume that this lawsuit has been in the works for sometime now. If his attorneys intend to show a long pattern of wanton disregard for trademark rights by the defendants and substantial financial injury to Otis, then they have to be able to show instances in which THE Temptations have either lost gigs or had their reputations damaged through trademark infringement, misleading promotions and/or shady advertising designed to foist a cheaper, less prestigious group on unwitting audiences.

Obviously, they feel they can.

The timing of the lawsuit is not because Glenn, Ollie and Bo are so "legendary" that Otis resents them or that they're out-performing THE Temptations. Lawsuits of this magnitude are a tedious process. It takes time to collect evidence and build a solid case. In an action seeking damages to the extent of this one, there's no reason to rush things.

Again, no one is stating that they can't refer to their time with the Temptations in their name or promotional material...only that they can't do it in a way that violates trademark law or misleads audiences. They clearly appear to have willfully done both over an extended period of time.

Look at it this way...

Dennis' use of "The Temptations Revue (or Review)" is perfectly acceptable...the moniker is seen as a reference to an entirely different entity. The names "The Legendary Lead Singers Of The Temptations" and "The Temptations Reunion Show," however, are direct references to THE Temptations...an unquestionable violation of trademark and seemingly deliberate effort to mislead audiences.

Let's face it, they knew what they were doing. They were trying to capitalize on the Temptations name and legacy, rather than their own identities and abilities. Now, they're going to suffer the consequences. I don't envy them. If I were their attorney, I'd be doing everything under the sun right now to make amends and reach a settlement with Otis.

If this goes to trial, they're toast.

To say that one used to be a member is simply a statement of fact. Its like Joe Montana saying he used to play for the 49ers. It is what it is. But I will always maintain that if O's group didnt suck so bad we wouldnt be having this conversation. I m just one fan a lifelong fan indeed but I may never buy another Temptations album at least not one of this current cast of nonsingers excluding Joe. Dont like o what has done or what he is doing his ego is the biggest reason for the majority of the personnell trouble theyve had over how many years now. They have had some awesomw talent come through the ranks but there is always a problem, always. Otis alwys claims to be the one that smells the dog dodo, well its time he starts checking his own feet.

[MissTara]

It doesn't matter who or which Temptation is/was better than who. Like Beej said, Otis, unfortunately will win this. However, it will be for good. He will have sole right to the name "Temptation(s)" period. No other group, no other ex-member nor any tribute groups will be able to use the word in any way shape or form Temptations. If the trial goes, NO ONE will be able to work representing themselves as a current or former temptation, the motion to quiet title will settle that issue once and for all. They wont be able to use it in any derivative form (once again including tribute) -without his permission which Otis will not give.

[MissTara]

beej said:

Dennis' use of "The Temptations Revue (or Review)" is perfectly acceptable...the moniker is seen as a reference to an entirely different entity. The names "The Legendary Lead Singers Of The Temptations" and "The Temptations Reunion Show," however, are direct references to THE Temptations...an unquestionable violation of trademark and seemingly deliberate effort to mislead audiences.

Sit tight grasshopper, that may change too

[ramzy]

misstara said:

It doesn't matter who or which Temptation is/was better than who. Like Beej said, Otis, unfortunately will win this. However, it will be for good. He will have sole right to the name "Temptation(s)" period. No other group, no other ex-member nor any tribute groups will be able to use the word in any way shape or form Temptations. If the trial goes, NO ONE will be able to work representing themselves as a current or former temptation, the motion to quiet title will settle that issue once and for all. They wont be able to use it in any derivative form (once again including tribute) -without his permission which Otis will not give.

Ultimately you may be right as far as the legal outcome, but there is no real justice in this thing. Otis reminds me of the little kid who couldnt hit catch or run but he was the one who had the bat ball and gloves. I have lost all respect for the man all respect. To do this to guys who gave as much as Dennis Glenn and Ollie gave is simply ridiculous He may own the right to name but we all know that the group is more than just a name it was the people who made the name.