David Cassidy on the Web
David Cassidy and Emmy Award Winning Don Reo Sue Rat Pack Shows For Trademark Infringement
May 17, 2005
From http://home.businesswire.com
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.
