Tuesday, Sept. 30, 1997 | 9:35 a.m.
A long-running feud involving The Platters took another turn when founding member Herb Reed won exclusive right to use the name of the popular singing group.
In a ruling filed Monday in Las Vegas, Chief U.S. District Judge Lloyd George granted a summary judgment on Reed's behalf against plaintiff Martha Robi. She was married to one of the group's "original" members, Paul Robi, who died in 1989.
The group, which reached its zenith in the 1950s, scored with such hits as "Only You," and "Smoke Gets in Your Eyes."
Reed formed the group in 1953, and Paul Robi joined a year later. The quintet faded by the early 1960s and split. A resurgence of interest in the late 1960s led to the formation of separate touring groups known as The Platters, each with at least one original member.
Several lawsuits followed as the competing groups wrangled over the name, with each side winning its share of court battles. Prior to his death, Paul Robi assigned his rights to the name "The Platters" to wife Martha. She continued to present a group by that name, even though it didn't have any original members.
She also sued Reed, who continued to tour as "Herb Reed and The Platters" or simply "The Platters." Reed argued that only he had right to the name because he formed the group.
"Although the court disagrees that Reed owns the right to Platters because of his initial efforts to create the group, the court nevertheless agrees that, as a matter of law, he has the superior right to exclusive use of the mark," George wrote.
The judge further noted that Paul Robi's right to the name ceased upon his death.
"Since Reed was the original member who remained with The Platters as the others left, it is Reed who now owns the exclusive right to the mark The Platters," George ruled.
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