Robi

This case presents conflicting claims over the rights to the use of the trademark name “The Platters” by individuals associated with the group. In essence, this court must determine which party is “The Great Pretender,” and which is not. Plaintiff-Appellant Martha Robi appeals the district court’s grant of summary judgment in favor of Herb Reed, John Valano, Reed’s booking agent, and John P. Productions, Inc., Valano’s booking company. *738 The district court held that Paul Robi, as an individual, had no right to use the name “The Platters,” which was the name of the singing group of which Robi and Reed were members. Hence, the court held that Robi’s purported assignment of this right to Martha Robi was invalid. The court also concluded that Herb Reed has the right to use the service mark “The Platters” to the exclusion of Robi. We affirm the judgment of the district court.

BACKGROUND

Defendant Herb Reed founded The Platters in 1953 he was also the manager and one of the group’s original singers along with Joe Jefferson, Alex Hodge, and Cornell Gunther. In 1954, Jefferson and Gunther ceased to perform with the group and were replaced by David Lynch and Tony Williams. After this…