Clovers settle on use of name

**stingbeelee** · 10-11-2013, 05:22 PM

Apparently Harold Winley, who sang bass with the Clovers in the 40's, 50's and 60's sued a group of Clovers who were using the name Clovers as part of the name that Harold Lucas had trademarked. Harold wanted to use the name Clovers; and the two groups have settled their differences:

WASHINGTON [[AP) — Two groups with ties to the 1950s R&B group The Clovers who had been fighting over the use of the band's name have come to an agreement.
Lawyers for the two groups filed a document Friday in federal court in Washington saying they've settled a lawsuit over the name.
The original group The Clovers started performing in the Washington area and gained fame in the 1950s, in particular for their song "Love Potion No. 9." The group's fame fell off in the 1960s, however, and the members moved on, with different band mates still using The Clovers name over the years.
Earlier this year, Florida resident Harold Winley, who was part of the group in the 1950s, sued to be able to use the name when performing. Winley's former band mate, Harold Lucas, trademarked the name in the 1980s with other performers, and they continued to use it after Lucas' death. Winley sued the Lucas group, saying they should be barred from using the name.
As a result of an agreement between the groups, however, Winley will now perform as Harold Winley and the Clovers. The Lucas group will continue to call themselves The Clovers.
Winley, 80, called the resolution "all right with me" and said he hopes to perform "as much as I can."
One of the members of The Clovers, Charles Stevens, said Friday that it's a resolution everyone can live with.
"We all are clovers," said Stevens, whose group's next performance is in December in Maryland.
The song "Love Potion No. 9" was written and composed by Mike Stoller and Jerry Leiber, the duo behind many of Elvis Presley's biggest hits.
After The Clovers' version rocketed up the charts in 1959, the song was covered by various groups and singers, most notably England's The Searchers, who had a hit version of it a few years later. The Clovers' version was later featured in George Lucas' iconic 1973 film "American Graffiti."
http://music.yahoo.com/news/bands-re...170659969.html
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My question is under the truth in advertising, can the "younger" Clovers, the ones that are using the trademarked name, perform in certain states, as they don't have an original member?

**Jerry Oz** · 10-12-2013, 10:19 AM

I remember seeing an iteration of the Driters at a company Christmas party twenty years ago and wondering who the hell those who guys were. They were good but they really seemed to be opportunists to me. There is a fine line between current versions of older groups and tribute bands. The magic typically has long ago passed and the ships have long ago sailed. Too much trouble to be fighting so hard.

**JIVE FIVE Mary G.** · 10-12-2013, 02:08 PM

"My question is under the truth in advertising, can the "younger" Clovers, the ones that are using the trademarked name, perform in certain states, as they don't have an original member? "

I would like to know the answer to that question myself, Stingbeelee.

I'm glad to see the remaining Clovers settled their differences. There have been many court battles over who has the rights to the name of groups. What really ticks off original artists are the groups with no original members who bill themselves with the group name. If they're a tribute group, they should be labeled and billed as such. The current Duprees have no original members, but have the right to use the name. It's unfair and wrong to many who loved the original group. However, they're out there performing every weekend on the oldies circuit.

~~Mary~~

**stingbeelee** · 10-12-2013, 07:00 PM

Hi Jive Five Mary G;
Are there any "original" or "hit making" Duprees left; or have they all passed away?

**JIVE FIVE Mary G.** · 10-12-2013, 07:54 PM

Hi Stingbeelee,

I believe there are some hitmaking ones still living, but they don't have a group. The "doo wop" diehards are always arguing on Facebook about the current group. Some like the group, others call them fake and refuse to see them perform. However, they are popular on the oldies circuit and apparently have the rights to the name.

Few groups with original lead singers and some original group members are out there performing. Off the top of my head, Eugene Pitt & The Jive Five, Jimmy Beaumont & The Skyliners, Little Anthony & The Imperials, Charlie Thomas' Drifters are among those still doing concerts. Earl Lewis, lead singer of Earl Lewis and The Channels is looking to form a new group and come back to singing.

~~Mary~~