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MARSHAK v. TREADWELL

Nos. 08-1771, 08-1836, 08-1837.

595 F.3d 478 (2009)

Larry MARSHAK v. Faye TREADWELL; Treadwell's Drifters, Inc.; The Drifters, Inc., Appellants, Larry Marshak, v. Faye Treadwell; Treadwell's Drifters, Inc.; The Drifters, Inc. Lowell B. Davis, Appellant, Larry Marshak v. Faye Treadwell; Treadwell's Drifters, Inc.; The Drifters, Inc. Larry Marshak; Andrea Marshak; Paula Marshak; Charles Mehlich; Barry Singer; DCPM, Inc.; Live Gold Operations Inc; Cal Cap Ltd; Barry Singer; Singer Management Consultants, Inc.; Dave Revels, Appellants.

United States Court of Appeals, Third Circuit.

Filed: July 2, 2009.

Attorney(s) appearing for the Case

John A. DeMaro, Esq., Ruskin Moscou Faltischek, P.C., Uniondale, NY, for Appellant-Cross Appellee Larry Marshak and Non-Party Appellants-Cross Appellees Andrea Marshak, Paula Marshak, Charles Mehlich, Barry Singer, Dave Revels, DCPM, Inc., Live Gold Operations, Inc., Cal-Cap Ltd., and Singer Management Consultants.

Jeffrey Schreiber, Meister, Seelig & Fein, East Brunswick, NJ, for Barry Singer and DCPM Operations, Inc.

Lowell B. Davis, Esq., Carle Place, NY, pro se.

Cindy D. Salvo, Esq., The Salvo Law Firm, P.C., Roseland, NJ, for Appellees-Cross Appellants Faye Treadwell, Treadwell's Drifters, Inc., and The Drifters, Inc.

Before: FUENTES, CHAGARES, and ALDISERT, Circuit Judges.

FUENTES, Circuit Judge.

For over a decade, Faye Treadwell ("Treadwell"), widow of the late music executive George Treadwell, and Larry Marshak ("Marshak"), a promoter of various doo-wop groups, have fought tooth and nail over the rights to use the trademark of "The Drifters," the legendary singing group. In the late nineties, Marshak sued Treadwell for infringement of a federally registered mark for The Drifters that Marshak had obtained in 1978. Treadwell

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