Martha Robi v. Five Platters, Inc., Jean Bennett, and Buck Ram

Paul Robi, former member of the successful musical group “The Platters,” brought this action against Buck Ram, the group’s former manager, Ram’s corporation, “Five Platters, Inc.” (hereinafter, “FPI”), and FPI President Jean Bennett. Robi sought declaratory relief, cancellation of FPI’s “Platters” trademark registration, damages for intentional interference with contractual relations and prospective economic advantage, and injunctive relief.

This is the second time this case has come before us on appeal. The first appeal arose after the district court granted a preliminary injunction preventing FPI from conducting vexatious litigation or interfering with Paul Robi’s use of “The Platters” name. In granting the injunction, United States District Judge Consuelo Marshall gave claim preclusive res judicata effect to a prior action brought by FPI against Robi in a California Superior Court regarding its rights to “The Platters” trademark. After trial in that prior state action (hereinafter, “the 1974 Decision”), Superior Court Judge William Levit made specific findings and entered judgment for Paul Robi.

On the first appeal, we upheld the district court’s preliminary…