Columnist Jerry Fink: Hackett, Cassidy pack punch

By Jerry Fink

Friday, May 20, 2005 | 8:28 a.m.

Sandy Hackett reacted bitterly and sarcastically when he learned that a series of lawsuits had been filed against him and others Tuesday by David Cassidy over alleged trademark and copyright infringement of a Rat Pack tribute show.

"His assertions are a pathetic attempt to bully me at the expense of some very talented performers," said Hackett, creator of "A Tribute to Frank, Sammy, Joey and Dean" at Greek Isles.

Before "A Tribute ..." premiered in June 2002, Hackett auditioned for Cassidy's show -- "The Rat Pack is Back!" -- but failed to get a part.

"The fact that I never worked in his show is a blessing," Hackett said. "He is a pathetic writer -- he's certainly not funny; he should stick to singing."

Hackett, who plays the role of Joey Bishop in the production at the Greek Isles, says all of the material in his show is based upon actual Rat Pack performances.

Cassidy counters that Hackett took liberally from "The Rat Pack is Back!" which is not based upon reality, but rather is a creative piece.

"It's a play with actors," Cassidy said during a telephone interview from his home in Florida.

Hackett denies he took anything from Cassidy's production.

"I went back to the source material -- the real guys -- to create my show," he said.

However, Cassidy said he sent someone to videotape Hackett's show a month ago to make his case.

"It was shocking to me how much of it he had borrowed, to say the least," Cassidy said. "He takes the same actors, the same characters, a lot of the same sequencing -- verbatim dialogue and jokes."

Cassidy and producer Don Reo, creators of "The Rat Pack is Back!" -- a production that played at the old Desert Inn in 1999-2000 and at the Sahara in 2001-2002 -- filed suit in federal district court in Las Vegas against Hackett, TRP Entertainment (a partnership of Hackett and Dick Feeney) and the Greek Isles.

The plaintiffs have asked for an injunction to stop performances of Hackett's production until a jury trial can be held. They are seeking compensatory and punitive damages.

Suits were also filed Tuesday in Missouri against Branson Variety Properties Inc., Branson Mall Realty, LLC, TLMD Inc., and Direct From Vegas Productions Inc. and its principal, Steve Apple.

According to Cassidy, Apple (who once played the role of Dean in Cassidy's production in Las Vegas) has been starring in and producing a competing show in Branson, first at the Branson Variety Theater and, more recently, at the Branson Mall Music Theater.

The Missouri complaint alleges "federal trademark infringement, false designation of origin, cybersquatting, and unjust enrichment and misappropriation."

Cassidy says lawsuits might be filed in other jurisdictions and against other individuals who have been violating his rights to trademarks and copyrights related to the Rat Pack production.

Cassidy alleges the title "The Rat Pack is Back!" is trademarked and that Hackett has used the similar phrase "The Rat Pack Returns" in advertising, creating confusion.

And he claims Hackett has used ads that blatantly copy his own.

"There is Joey Bishop and the rest of the cast all holding drinks, in tuxedos, clicking glasses," Cassidy said. "That was our commercial, our ad, our billboard. There is no question there is infringement and we have been damaged by it."

Hackett says Cassidy thinks he owns the Rat Pack.

"The Rat Pack was around long before him," Hackett said. "It should be in the public domain -- it's like trying to copyright 'The Beatles' or 'World War II.' "

According to Cassidy three of the cast members from his production -- Henry Prego as Frank, Louis Velez as Sammy and Rick Michel as Dean -- were hired by Hackett for his show.

"To say I hired away his guys is press release stuff," Hackett said. "Prego quit Mr. Cassidy's production; and Mr. Velez worked for Mr. Cassidy on a minimal basis. Neither one was in his employ when the show closed at the Sahara."

Neither Hackett nor Cassidy respects the other's productions.

"(Cassidy) states in a press release his show 'played to sold-out crowds and critical and popular acclaim through its run at both the D.I. and at the Sahara,' " Hackett said. "If it sold out, why are they not there anymore?"

Cassidy, who lived in Vegas six years, says the reason the production no longer is in Las Vegas is because he moved to Florida in 2003 and couldn't be near the show to supervise.

Hackett says Cassidy grossly misrepresented Joey Bishop in "The Rat Pack is Back!"

"I created something that would honor my friend, and show Joey in a positive light," Hackett said. "He was the comic genius behind the laughter in the Rat Pack, and if Mr. Cassidy had done his research he would know for himself where the laughs in that show emanate from.

"Our production is far superior than his creation -- all of the dialogue was taken off CDs: I interviewed Joey and my dad (the late Buddy Hackett)."

Hackett says he feels a particular kinship with members of the Rat Pack.

"It's almost my lineage," he said. "I have great respect for every one of those performers."

Hackett says his show was created in honor of Bishop.

"I have a licensing agreement from Joey," he said. "I have Joey Bishop's blessing, an endorsement to play him."

Nevertheless, Cassidy says he will defend his trademark.

"Our corporation has done everything it could do in creating an original, live show and we will go as far as we have to go to protect it," he said.

Cassidy says since leaving Vegas he has produced his show across the country, mostly at casinos, and in November will take it to New York.

"It will play off-Broadway, permanently," he said.

Eventually, he said, he will bring the show back to Vegas.

Hackett says Cassidy is chasing him and his partners because they have a successful show.

"And he wants a piece of it."

Showroom closing

The short-lived Tuscany showroom, a 110-seat venue nestled in a corner of the casino, will close June 9 to make way for a poker room.

Comedian Gallagher, twin pianists Mark & Clark and hypnotist Terry Stokes shared the space, which up until last year had been a nightclub.

The production "Performing As ..." (a fantasy production about Frank Sinatra and Barbra Streisand performing together) occupied the space until Gallagher and the other acts came along.

The Sinatra/Streisand show changed its name to "Barbra and Frank, the Concert that Never Was" and moved to the Riviera's Le Bistro Theatre.

A spokesman for Mark & Clark says the duo are negotiating with another venue.

Michael Rapport, Gallagher's producer, says the comedian has not used the comedy club in more than three weeks. Rapport has had a stroke and is recovering at his home in Fresno, Calif.

Latina contest

Charo will host "The Miss Latina Star" contest, which will be taped at 6 p.m. Sunday at UNLV's Ham Hall for broadcast at midnight May 28 on the Azteca America Television Network.

The network airs on Cox cable channel 63 in Las Vegas.

Executive producer Marie Frances, head of The Frances Foundation, says the purpose of the contest is to find Latin talent and possibly help them find a career in motion pictures and television.

The winner of the competition will be given a screen test by casting director Bob Moronis in Los Angeles and will appear in a motion picture.

Show topper

Sapphire, billed as the world's largest topless nightclub (74,000 square feet), will host a fundraising event next week for Shade Tree, a homeless shelter for women and children.

Entertainer Tony Sacca will be the emcee for the show, which will begin at 8 p.m. and end at 10 p.m. Tuesday.

The event will feature singing by Sacca and an auction for several life-size statues made from body casts of dancers who perform at the club.

Sculptor Carl Young created the statues.

Young is noted for his sculpture using showgirls and dancers from "Folies Bergere," "Showgirls of Magic" and "Crazy Girls," among others.

Dooley on defense

Vegas magician Dixie Dooley defended his 3 1/2-minute segment in the Cuban-themed show "Tropical Passions" at the Sahara.

The revue features Latin music and dance from the '50s pre-Castro Cuba. The heart of the show is a 22-piece, Grammy Award-nominated orchestra that backs up 30 dancers and other entertainers.

In a recent column I wrote several elements of the production should be eliminated because they were not consistent with the stated theme of the show.

Among the acts I thought could be removed was Dooley -- not because of the quality of his performance, but his routine had nothing to do with the '50s or with Cuba. He was just there to kill time while the dancers changed costumes, which is a legitimate role.

Dooley agreed that his bit could have been more in tune with the rest of the show and cited short notice as the reason for the inconsistency.

"I only had three days to put something together," said Dooley, who has two female assistants in his brief performance. Now that he has had time to work on the act, he says it is a better fit.

"What we've done is put in some old music from that era," he said. "We sing 'Tequila' and get the crowd into the act. Everyone is screaming and yelling."

Dooley said since I last saw the show several specialty acts have been eliminated, including an Elvis tribute artist.

"We're the only (specialty act) left," he said.

"Tropical Passions" performances are 7 p.m. Wednesdays through Mondays, with an additional show at 9:30 p.m. on Fridays and Saturdays.

Wallace helps kids

Comedian George Wallace will be among the headliners at "Positively Comedy," a show to raise money for Positively Kids, at 7 p.m. Saturday at the Silverton's Hideaway showroom.

Tickets start at $35. For information call 263-7777 or Fred Schultz at 262-0037.

The Foundation for Positively Kids and Sherri Fuller from Xtravaganza Entertainment are hosting the comedy showcase to raise money to build a pediatric nursing facility in southern Nevada.

In addition to Wallace, the show will feature the Sandbox Association, Big John the Barbeque Man and Side 2 Side.

Musical art

Artist Jim Stallings paints pictures inspired by music he listens to.

From 11:30 a.m. until 3 p.m. Sunday fans can watch Stallings at work at Turnberry Place's Stirling Club, where he will create an original painting while accompanied by a live string quartet.

The musicians range in age from 9 to 15.

The "Painter of Music" performance is being presented by Barbara Lee Woollen of the Art de Vignettes Gallery.

For information call 732-9700. Admission is $29.

Impersonators

The Imperial Palace will host its Fifth Annual Celebrity Impersonator Convention May 29 through June 1.

Dozens of tribute artists from around the country will gather to share tips and information about their trade.

The event ends with a grand performance in front of talent buyers and agents in the Imperial Theater beginning at noon May 31.

The event is open to the public. Tickets are $11.

New Page

Vocalist Patti Page has released a new CD collection, "For Sentimental Reasons."

The CD features 20 classic numbers from the '50s, including her signature song, "Tennessee Waltz," as well as "(How Much Is) That Doggie in the Window," "Route 66," "It Had To Be You" and more.

"For Sentimental Reasons" is available in most record stores or at www.pattipage.com.

The 77-year-old vocalist performs about 30 concerts a year. Her most recent performance in Las Vegas was two years ago at Texas Station.

Page and her husband, Jerry Filiciotto, split time between their home in Solana Beach, Calif., and their farm in New Hampshire, where they manufacture Patti Page's Maple Syrup.

King of club

Comedic magician Mac King has formed The Mac King Fan Club.

Membership is free, and accessible at www.mackingshow.com.

King says members will receive updates on him and his show through an e-newsletter. They also will an autographed photo, two free magic tricks only available to subscribers and a membership card.

When fans present their membership card at the show, they will receive a souvenir.

Vegas views

"Splash's" 9:30 p.m. May 28 performance has been canceled. A spokesman for the production company says the cancellation is because of a change in the rehearsal schedule.

Director Jeff Kutash is revamping the 20-year-old production he created. Rehearsals for the new version are ongoing, fitted around the schedule of the ongoing show.

Tim McGraw tribute artist Chad Givens has joined the cast of "American Superstars" at the Stratosphere's Theater of the Stars.

Givens performs three of McGraw's biggest hits, "I Like It, I Love It," "Indian Outlaw" and "Live Like You Were Dying."

Shows are at 7 p.m. Sundays through Tuesdays and 6:30 p.m. and 8:30 p.m. Wednesdays, Fridays and Saturdays. The production is dark Thursdays.

Tony Orlando is scheduled to perform at the Suncoast at 7:30 p.m. tonight through Sunday.

Popular Vegas vocalist Jimmy Hopper is heading east for an engagement at Harrah's in Atlantic City from June 5-9.

Comedian Joan Rivers is scheduled to perform at 8:30 p.m. through Sunday at the Stardust.

Jazz vocalist Matt Dusk is at the Golden Nugget through June 16.

Dusk debuted in 2004 at the Golden Nugget's restaurant/lounge ZAX.

The native Canadian's rise to stardom was documented in Fox's 2004 reality series "The Casino." Dusk's tune, "Two Shots," written by U2 frontman Bono, was the series' opening theme.

Performances are at 5:30 p.m. nightly in the Theatre Ballroom. Shows will be dark May 27-29 and June 10-11.