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David Cassidy Sues
by Paul Cashmere
18 May 2005
Former pop star and Partridge Family member David Cassidy is suing a rival theatre production over his company's production of 'The Rat Pack is Back'.
Cassidy has taken legal action against Sandy Hackett, TRP Entertainment, LLC, and Convention Center Drive Hotel and Casino LLC dba Greek Isles Hotel and Casino for trademark infringement, copyright infringement and unfair competition for its production The Tribute To Frank, Sammy, Joey & Dean, written by Hackett.
Cassidy's lawyer Michael McCue claims the show uses the same dialogue and musical material as used in Cassidy's 'The Rat Pack is Back'.
He claims that they have the trademark for live stage musical productions and merchandise for the show.
Cassidy's show ran in Vegas between 2000 and 2002 before going on tour across America.
They claim they issued a Cease and Desist order in 2002 to stop the rival show using the term 'The Rat Pack' and therefore creating confusion with their own show.
The plaintiffs are seeking compensatory and punitive damages for an undisclosed amount and are seeking a jury trial to solve the issue.
David Cassidy (photo by Ros O'Gorman)& Article
Press Release Source: Jo-Ann Geffen
David Cassidy and Emmy Award Winning Don Reo Sue Rat Pack Shows For Trademark Infringement
Tuesday May 17, 1:35 pm ET
LAS VEGAS--(BUSINESS WIRE)--May 17, 2005--Michael J. McCue of Lewis and Roca LLP, has filed a lawsuit today in federal court in Las Vegas, Nevada on behalf of DRDC, the theatrical production company owned and operated by legendary star and producer David Cassidy and Emmy Award winning producer Don Reo. The pair created, wrote and produced THE RAT PACK IS BACK!, which was the first theatrical production in Las Vegas to depict the superstar quartet who set the standard for Las Vegas showrooms. Cassidy also directed the show.
The complaint cites Sandy Hackett, TRP Entertainment, LLC, and Convention Center Drive Hotel and Casino LLC dba Greek Isles Hotel and Casino for trademark infringement, copyright infringement and unfair competition for its production The Tribute To Frank, Sammy, Joey & Dean, written by Hackett. DRDC is seeking damages and an injunction to stop performances of the show at the Greek Isles Hotel and Casino in Las Vegas. The show uses some of the same dialogue and musical material as DRDC's show, which opened at the Desert Inn in 1999. Moreover, the show uses trademarks that infringe DRDC's THE RAT PACK IS BACK registered trademark, for entertainment services, namely, live stage musical productions and merchandise.
The Cassidy/Reo production played to sold out crowds and critical and popular acclaim through its run at both the D.I. and at the Sahara Hotel, where it was performed from 2000 through 2002, when the show left Las Vegas and began to play other venues all over the U.S.. Three of the cast members from the DRDC production, Henry Prego as Frank, Louis Velez as Sammy, and Rick Michel as Dean, were hired by Hackett for his show, which was mounted just two months later, making it impossible for THE RAT PACK IS BACK! to return to Las Vegas. Hackett plays the role of Joey, which he sought unsuccessfully in the Cassidy production. Thus, access to the script, choreography, staging, musical numbers, arrangements, and concept were easily available to TRP, namely Hackett and Dick Feeney, the producers of the show. Hackett additionally has a road company that has performed in various locations throughout the U.S. and has made it virtually impossible for DRDC to mount the show elsewhere due to confusion caused by imitation on stage and in advertising, and because of unfair competition. As `The Voice Of Vegas,' Rob Garrett, wrote, "..."The Rat Pack is Back " ...was produced by David Cassidy and played last at the Sahara Hotel/Casino. "A Tribute to Frank, Sammy, Joey & Dean" is sort of the unofficial remake of the Sahara show."
Hackett was originally sent a cease and desist in 2002 for using the phrase THE RAT PACK RETURNS in advertising and publicity to market his show, obviously intended to confuse the public. Hackett acknowledged he would stop using THE RAT PACK RETURNS because of its similarity to the DRDC Federal Trademark. Hackett changed his advertisements for a period of time. In 2005, it was discovered that Hackett was again using the competitive phrase and that many of the original elements in the DRDC production had been adapted to Hackett's tribute show, Hackett was then sent another cease and desist. Although DRDC and its counsel sought resolution outside of the court system, at that time he stated that he would only respond if DRDC "wishes to take formal legal action...". Grounds of the lawsuit include the trademark infringement, confusion over the similarity of the shows both theatrically and through images, representations and slogans used in marketing and advertising.
DRDC is simultaneously filing a complaint in Missouri against Branson Variety Properties, Inc., Branson Mall Realty, LLC, TLMD, Inc., and Direct From Vegas Productions, Inc. and its principal Steve Apple. Apple, who played the role of Dean in the DRDC production in Las Vegas, has been starring in and producing a competing show in Branson, Missouri, first at the Branson Variety Theater and, more recently, at the Branson Mall Music Theater. In the complaint, filed by the Missouri law firm of Blackwell Sanders, are charged with Federal Trademark Infringement, False Designation Of Origin, Cybersquatting, and Unjust Enrichment and Misappropriation.
A jury trial has been requested in each instance. The plaintiffs are seeking compensatory and punitive damages.
Reo and Cassidy anticipate complaints to be filed against additional defendants with similar counts for infringements on DRDC trademarks which cover entertainment productions and merchandising.
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Replying to:
David Cassidy Sues
by Paul Cashmere
18 May 2005
Former pop star and Partridge Family member David Cassidy is suing a rival theatre production over his company's production of 'The Rat Pack is Back'.
Cassidy has taken legal action against Sandy Hackett, TRP Entertainment, LLC, and Convention Center Drive Hotel and Casino LLC dba Greek Isles Hotel and Casino for trademark infringement, copyright infringement and unfair competition for its production The Tribute To Frank, Sammy, Joey & Dean, written by Hackett.
Cassidy's lawyer Michael McCue claims the show uses the same dialogue and musical material as used in Cassidy's 'The Rat Pack is Back'.
He claims that they have the trademark for live stage musical productions and merchandise for the show.
Cassidy's show ran in Vegas between 2000 and 2002 before going on tour across America.
They claim they issued a Cease and Desist order in 2002 to stop the rival show using the term 'The Rat Pack' and therefore creating confusion with their own show.
The plaintiffs are seeking compensatory and punitive damages for an undisclosed amount and are seeking a jury trial to solve the issue.
David Cassidy (photo by Ros O'Gorman)& Article
Nevada company sues 'Rat Pack' show
By Ryan Slight
News-Leader staff
The Rat Pack may soon be back in Branson — and headed to court.
DRDC Productions of Nevada sued a Branson show's marketers this week for allegedly using material without permission from an original Las Vegas show that re-creates the heyday of Frank Sinatra, Dean Martin, Sammy Davis Jr. and Joey Bishop.
However, the producer of "The Rat Pack Direct from Las Vegas," which played briefly at the Branson Mall Music Theatre this year, said the lawsuit is erroneous.
"I know you don't take from one production and put it in your show," said Russ Loniello, who produced the show and plays Martin.
The Nevada company accused Branson Variety Properties and Branson Mall Realty of trademark infringement and misappropriation in a civil lawsuit filed Tuesday in Springfield's federal court.
"DRDC has not authorized, licensed or given permission to defendants to use 'The Rat Pack is Back' mark in connection with entertainment services or clothing in any manner whatsoever," Springfield attorney Michael Bridges wrote in a petition.
Defendants in the lawsuit include Direct From Vegas Productions and Steve Apple, who played Martin in the Las Vegas show. Efforts to reach them for comment were unsuccessful.
According to the petition, the Las Vegas production "The Rat Pack is Back" was created by David Cassidy and Don Reo and opened in 1999. It reportedly played for more than 1 million attendees before it left Las Vegas in 2002.
The lawsuit alleges Apple produced a competing show that resembled the original, featured two of its actors and promoted the phrase: "Live From Vegas The Rat Pack."
"The infringing mark implies that it is the same show that achieved fame in Las Vegas, the marketing implies that it is the same show that Cassidy and Reo co-wrote and the actors even announce in unison: 'Look out the Rat Pack is back!'," the petition alleged.
But Loniello said neither Apple nor Direct From Vegas Productions were involved with his Branson show.
"Steve Apple to my knowledge has never come to Branson and done a Rat Pack show," he said of the petition. "They need to get the facts right."
Loniello said the Branson show featured all new material and a separate format from the Vegas one. The program even eliminated Bishop to be unique, he noted.
"Our shows have nothing but good reviews," he said. "It in no way duplicated anything of David Cassidy's."
Loniello invited the plaintiff's attorneys to review the Branson show's material and observe the differences.
The lawsuit requested injunctive relief preventing the defendants from promoting the phrase "Live From Vegas The Rat Pack," any phrase using the term "Rat Pack," or "any confusingly similar marks."
DRDC sought damages against the defendants, including punitive damages. It also asked for the defendants' profits gained from using the "Live From Vegas" phrase.
The case was assigned to U.S. Magistrate Judge Sarah Hays' court.
Loniello said the Branson show is looking at a new venue after opening last year at the Branson Variety Theatre.
Danell Tennison, Branson Variety Theatre general manager, said she had not seen the petition. She declined to discuss the allegations.
"I don't care to answer at this point," she said. "I'm just waiting to see the paperwork."
Regina McCoy, sales and marketing director with Branson Mall Music Theatre, had also not read the lawsuit and declined to comment.
McCoy said the local Rat Pack show had only played at the Branson Mall for a few weeks.
Loniello said the Branson show is among numerous Rat Pack tributes performed around the world.
"No one owns the domain of the Rat Pack," he said.
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Replying to:
Press Release Source: Jo-Ann Geffen
David Cassidy and Emmy Award Winning Don Reo Sue Rat Pack Shows For Trademark Infringement
Tuesday May 17, 1:35 pm ET
LAS VEGAS--(BUSINESS WIRE)--May 17, 2005--Michael J. McCue of Lewis and Roca LLP, has filed a lawsuit today in federal court in Las Vegas, Nevada on behalf of DRDC, the theatrical production company owned and operated by legendary star and producer David Cassidy and Emmy Award winning producer Don Reo. The pair created, wrote and produced THE RAT PACK IS BACK!, which was the first theatrical production in Las Vegas to depict the superstar quartet who set the standard for Las Vegas showrooms. Cassidy also directed the show.
The complaint cites Sandy Hackett, TRP Entertainment, LLC, and Convention Center Drive Hotel and Casino LLC dba Greek Isles Hotel and Casino for trademark infringement, copyright infringement and unfair competition for its production The Tribute To Frank, Sammy, Joey & Dean, written by Hackett. DRDC is seeking damages and an injunction to stop performances of the show at the Greek Isles Hotel and Casino in Las Vegas. The show uses some of the same dialogue and musical material as DRDC's show, which opened at the Desert Inn in 1999. Moreover, the show uses trademarks that infringe DRDC's THE RAT PACK IS BACK registered trademark, for entertainment services, namely, live stage musical productions and merchandise.
The Cassidy/Reo production played to sold out crowds and critical and popular acclaim through its run at both the D.I. and at the Sahara Hotel, where it was performed from 2000 through 2002, when the show left Las Vegas and began to play other venues all over the U.S.. Three of the cast members from the DRDC production, Henry Prego as Frank, Louis Velez as Sammy, and Rick Michel as Dean, were hired by Hackett for his show, which was mounted just two months later, making it impossible for THE RAT PACK IS BACK! to return to Las Vegas. Hackett plays the role of Joey, which he sought unsuccessfully in the Cassidy production. Thus, access to the script, choreography, staging, musical numbers, arrangements, and concept were easily available to TRP, namely Hackett and Dick Feeney, the producers of the show. Hackett additionally has a road company that has performed in various locations throughout the U.S. and has made it virtually impossible for DRDC to mount the show elsewhere due to confusion caused by imitation on stage and in advertising, and because of unfair competition. As `The Voice Of Vegas,' Rob Garrett, wrote, "..."The Rat Pack is Back " ...was produced by David Cassidy and played last at the Sahara Hotel/Casino. "A Tribute to Frank, Sammy, Joey & Dean" is sort of the unofficial remake of the Sahara show."
Hackett was originally sent a cease and desist in 2002 for using the phrase THE RAT PACK RETURNS in advertising and publicity to market his show, obviously intended to confuse the public. Hackett acknowledged he would stop using THE RAT PACK RETURNS because of its similarity to the DRDC Federal Trademark. Hackett changed his advertisements for a period of time. In 2005, it was discovered that Hackett was again using the competitive phrase and that many of the original elements in the DRDC production had been adapted to Hackett's tribute show, Hackett was then sent another cease and desist. Although DRDC and its counsel sought resolution outside of the court system, at that time he stated that he would only respond if DRDC "wishes to take formal legal action...". Grounds of the lawsuit include the trademark infringement, confusion over the similarity of the shows both theatrically and through images, representations and slogans used in marketing and advertising.
DRDC is simultaneously filing a complaint in Missouri against Branson Variety Properties, Inc., Branson Mall Realty, LLC, TLMD, Inc., and Direct From Vegas Productions, Inc. and its principal Steve Apple. Apple, who played the role of Dean in the DRDC production in Las Vegas, has been starring in and producing a competing show in Branson, Missouri, first at the Branson Variety Theater and, more recently, at the Branson Mall Music Theater. In the complaint, filed by the Missouri law firm of Blackwell Sanders, are charged with Federal Trademark Infringement, False Designation Of Origin, Cybersquatting, and Unjust Enrichment and Misappropriation.
A jury trial has been requested in each instance. The plaintiffs are seeking compensatory and punitive damages.
Reo and Cassidy anticipate complaints to be filed against additional defendants with similar counts for infringements on DRDC trademarks which cover entertainment productions and merchandising.
--- --- --- --- --- --- --- --- ---
Replying to:
David Cassidy Sues
by Paul Cashmere
18 May 2005
Former pop star and Partridge Family member David Cassidy is suing a rival theatre production over his company's production of 'The Rat Pack is Back'.
Cassidy has taken legal action against Sandy Hackett, TRP Entertainment, LLC, and Convention Center Drive Hotel and Casino LLC dba Greek Isles Hotel and Casino for trademark infringement, copyright infringement and unfair competition for its production The Tribute To Frank, Sammy, Joey & Dean, written by Hackett.
Cassidy's lawyer Michael McCue claims the show uses the same dialogue and musical material as used in Cassidy's 'The Rat Pack is Back'.
He claims that they have the trademark for live stage musical productions and merchandise for the show.
Cassidy's show ran in Vegas between 2000 and 2002 before going on tour across America.
They claim they issued a Cease and Desist order in 2002 to stop the rival show using the term 'The Rat Pack' and therefore creating confusion with their own show.
The plaintiffs are seeking compensatory and punitive damages for an undisclosed amount and are seeking a jury trial to solve the issue.
David Cassidy (photo by Ros O'Gorman)& Article
