musical performance trademark

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mpiproductions

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Hi! I am a musical director and have relationships with many recording and performing groups from the 50s and 60s. There are many imposter groups pretending to be the original artists deceiving the public and there are many original vocalist and groups who have had hit recordings who can not perform using there names because they are not the trademark holders. There is much confusion in this community. here is an example of a discussion we had last evening

In the late 50s there was a recording group who had 3 of the top 100 doo wop songs of all time. Lets call them the catdogs. The original lead vocalist of the 3 hit recordings abandoned the group after the 1st year. He was replaced by a new Lead vocalist lets call him Tom who went on to record an additional 15 songs and Tom and one of the original background singers John formed a partnership and continued to perform as the catdogs for 40 plus years.
John obtained the trademark about 7 years ago but John and Tom disbanded a year ago. Tom continues to receive residuals for past recordings and commercials where he performed as Lead vocalist for the catdogs.
Tom is not trying to deceive the Public by performing on his own as the catdogs and he does not have the legal right to do so. Because of Toms efforts and talents the catdogs were able to thrive for decades. The Truth in Music Law Implemented in some states allow the word tribute in the advertisement for a performance but it is a little demeaning to pay tribute to one self and to go out as formerly of greatly decreases the marquee value. How can Tom not deceive the public and at the same time hold on to his identity and rewards he well deserves for the accomplishments he has acquired Can Tom apply for a trademark as Toms Catdogs.
 
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