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Thursday, Feb. 29
The Indiana Daily Student

arts

Platters lawsuit settled

LOS ANGELES — The Platters have settled a lawsuit against a former lead singer they said tried to use the venerable group's name with his new band. \nAttorney Richard Fannan, who represented defendant Monroe Powell, confirmed the out-of-court settlement Wednesday but declined to disclose terms. Michael Machat, a lawyer for the group, did not return a phone call. \nHerb Reed founded The Platters in 1953 and has gone to court several times over the years to keep control of the name. \nThe group, known for its soaring harmonies, has had such hits as "Smoke Gets in Your Eyes," "Only You" and "The Great Pretender."\nAccording to court filings, the original members and their manager, Buck Ram, formed Five Platters Inc. in 1956 and agreed the corporation would own the group's trademarked name. \nPowell, who joined the group in 1970, signed a contract saying he wasn't entitled to use the name or a Platters-related name upon termination of the contract, the lawsuit said. \nPowell left the group in 1995 and began calling his new group The Platters, the lawsuit said. He argued in a counter-complaint that The Platters had abandoned the name and therefore forfeited the trademark. \nIn a similar case, a federal appeals court ruled in 1999 that Reed could continue to use the group's name and prevent the widow of original member Paul Robi from its use for a touring group she'd assembled.

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