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ROBI v. REED

No. 97-16909.

173 F.3d 736 (1999)

Martha ROBI, Plaintiff-Appellant, v. Herb REED, an individual, dba/Herb Reed and The Platters, an entity unknown; The Five Platters Inc.; John Valano, an individual; J.P. Productions, an entity unknown; Tony Cee Associates, an entity unknown; Cuzin Richard Entertainment Associates, an entity unknown; United Concert Productions, a New York Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 1999.

Attorney(s) appearing for the Case

Allen Hyman, Law Offices of Allen Hyman, Studio City, California, for the plaintiff-appellant.

T. Christopher Donnelly, Donnelly, Conroy & Gelhaar, Boston, Massachusetts, for the defendants-appellees.

Before: CANBY and KLEINFELD, Circuit Judges, and KEEP, District Judge.

KEEP, District Judge:

This case presents conflicting claims over the rights to the use of the trademark name "The Platters" by individuals associated with the group. In essence, this court must determine which party is "The Great Pretender," and which is not. Plaintiff-Appellant Martha Robi appeals the district court's grant of summary judgment in favor of Herb Reed, John Valano, Reed's booking agent, and John P. Productions, Inc., Valano's booking company.

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