August 28th 2023.
Ronald and Rudolph Isley are about to embark on a long and drawn-out court battle over the rights to the name of their beloved band, The Isley Brothers. According to Billboard, a federal judge has denied Ronald's request to throw out Rudolph's lawsuit, which accuses him of trying to trademark the group name despite it being jointly owned. U.S. District Judge Thomas M. Durkin made the ruling on Wednesday, August 23, stating that Ronald's motion to dismiss the suit was denied.
The Isley Brothers, comprised of brothers Kelly, Rudolph, and Ronald Isley, were formed in the 1950s after the family began performing gospel music in and around their hometown of Cincinnati. In 1959, the trio achieved pop recognition with their hit song “Shout”. Rudolph claims that he and Ronald have been the equal co-owners of the group's intellectual property since the 1986 death of their third brother, O'Kelly Isley. However, Ronald disagrees, insisting that the “Isley Brothers” trademarks are the property of those who have been actively using the name - and Rudolph forfeited his rights when he stopped performing with the band in 1986.
In March, Rudolph filed a lawsuit demanding that the court declare that trademark rights to the group name are “jointly owned by plaintiff and defendant equally”. He also wants Ronald to explain how he has “exploited” the trademark and share any revenue he has earned from using the group name. Ronald's legal team argued that Rudolph had given up any control over the name when he left the band over 35 years ago. Judge Durkin was not convinced by this, citing the “unique circumstances” of band-name disputes and allowing the case to move forward.
The judge noted that Rudolph's case was similar to that of the doo-wop group Vito & the Salutations, where one former member continued to hold rights to the name because he maintained a “behind-the-scenes role” after leaving the band. Rudolph has also maintained an “active” role in the Isley Brothers despite leaving the group in 1986, citing his role in securing a multi-million dollar publishing deal in 2018 and helping to negotiate the use of the band's iconic song “Shout” for a Super Bowl commercial in February.
With the new ruling, the case will move on to discovery, where both sides will gather evidence to support their claims before heading to a jury trial. Rudolph's lawyer, Brian D. Caplan, says his client is “happy that the court denied his brother's motion to dismiss his complaint” and is looking forward to the recognition of his rights as a 50% owner of the name “The Isley Brothers”. No matter the outcome, this case is sure to be an interesting one.
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