The Isley Brothers Will Face Off In Legal Battle Over The Rights To Their Band Name
From vibe.com-
Ronald Isley is up for a fight after Judge Thomas M. Durkin denied to dismiss his older brother Rudolph’s lawsuit on Wednesday [Aug. 23], per Billboard. The lawsuit accused the “Contagious” crooner of attempting to procure the federal trademark for The Isley Brothers name after Rudolph claimed the two jointly owned it.
Ronald’s legal team argues that the case should be dismissed because Rudolph surrendered his control over the name after he left the band, but the Judge Durkin’s ruling noted the “unique circumstances” of the dispute and the case will be taken to trial.
In the lawsuit that was first filed in March, Rudolph insists that he and Ronald are equal co-owners of the band’s intellectual property [IP] since their brother, O’Kelly’s death in 1986. He is seeking a 50 percent share for any revenue garnered under the alleged trademark.
However, Ronald believes only those who have been using the name — himself and Ernie Isley — are entitled to own it.
The Isley Brothers was co-founded by Rudolph, Ronald, and O’Kelly in 1954 in what’s considered to be a “common-law partnership,” where they each share expenses, profits, and control of the band’s business. When Rudolph left the band to become a minister, only Ronald and Ernie Isley were the remaining members of the group. The latter has not been named in the lawsuit.
Rudolph claimed to have been an active member as they managed two licensing deals for their 1959 hit, “Shout,” in both 2018 and 2022. The judge added, “Plaintiff’s contention is that when he ceased performing, he did not leave the group, but instead took on the sort of continuing managerial role that creates a continuing ownership right in the mark.”
Ronald reportedly filed for the federal trademark in November 2021 as it related to “visual recordings and audiovisual recordings featuring music and animation.” The U.S. Patent and Trademark Office approved his application on Aug. 16, 2022.
