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BELL v. STREETWISE RECORDS, LTD.

Civ. A. No. 83-4086-Z.

616 F.Supp. 4 (1984)

Ricardo BELL, Michael Bivins, Bobby Brown, Ronald Devoe, and Ralph Tresvant p/k/a New Edition, Infants, respectively, ppa William E. Dern, Plaintiffs and Defendants in Counterclaim, v. STREETWISE RECORDS, LTD., Defendant and Plaintiff in Counterclaim, Boston International Records, Inc., Defendant. BOSTON INTERNATIONAL RECORDS, INC., Intervenor-Plaintiff, v. Ricardo BELL, Ralph Tresvant, Robert Brown, Ronald Devoe, and Michael Bivins, Defendants.

United States District Court, D. Massachusetts.

May 23, 1984.

Attorney(s) appearing for the Case

Dean Richlin, Budd & Wiley, Boston, Mass., for plaintiffs and defendants in counterclaim.

Mark C. Weiner, A. Van C. Lanckton, Craig and Macauley, P.C., Michael Arthur Walsh, Choate, Hall & Stewart, Boston, Mass., for defendants Streetwise and Boston Intern.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

The five plaintiffs are the members of a singing group called the New Edition. Defendants developed, promoted, and marketed the group and its music. Both sides claim rights to the trademark "NEW EDITION." Both seek preliminary injunctive relief pursuant to § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), enjoining the other from using the "NEW EDITION" mark. A hearing was held before a United States...

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