Who was Bill Pinkney?
Bill
Pinkney, the Legend of The Drifters(c), was the sole surviving member of The Drifters’ 1953 initial recording /
touring lineup that included organizer Clyde McPhatter, Gerhart and Andrew
Thrasher, and Bill Pinkney. Pinkney’s
legacy group is now on the 57th Anniversary Tour. Original
Drifters, Inc. and its Principal, Pinkney’s successors and sole owners of the
mark “Bill Pinkney’s Original Drifters®” USPTO registration # 3,649,096 and the mark “Original Drifters”
registered by the state of Nevada, claim all rights and privileges in his professional legacy.
What is the legal
background of the name/mark “Original Drifters®”?
Pinkney
was confirmed in the exclusive and irrevocable ownership of the name/mark
“Original Drifters” in a binding union arbitration through the American Guild
of Variety Artists in the 1950s. Pinkney
brought the action against George Treadwell (with George and
Fayrene Treadwell, Charlie Thomas, and Ben E. King, among others, present).
Pinkney
later successfully challenged a 1970 Default Judgment entered in an action brought
unknown to him by The Drifters, Inc. (Fayrene Treadwell, principal) that
precluded his use of “The Drifters or
The Original Drifters”. A 1992 interim
decision that stated in relevant part “Bill Pinkney shall be entitled to conduct his business
activities as he has heretofore been
doing”. In 1993, Pinkney prevailed in the entire action that
dissolved the Default Judgment and effectively affirmed his rights in both “The
Drifters or The Original Drifters”.
Treadwell’s
Drifters, Inc. later obtained a favorable decision against a third party and sought
to register “The Drifters” name/mark in the United States Patent and Trademark
Office. That application for
registration was not granted based on Pinkney’s opposition, as
Pinkney prevailed in the action in September 2004 when the Trademark Trial and
Appeal Board denied the Treadwell registration citing Pinkney’s
“priority”. For online documentation,
go to www.uspto.gov.
Accordingly, there is no standing judgment in any court that precludes Pinkney’s use of the names/marks “The Drifters or The Original Drifters”. Pinkney, by choice, usually limited his billing to the mark “Original Drifters”, alone or in conjunction with his name. It is historically well documented that Pinkney’s continuous use since 1953 predates any Treadwell involvement in The Drifters story.
The last member of The Drifters 1953 original
recording/touring line-up, the late DR. BILL PINKNEY is in the Vocal Group,
United Group Harmony, Gospel,
Beach Music, and Rock and Roll Halls of
Fame. A Negro Baseball League sandlot
pitcher and Rhythm & Blues Foundation Pioneer Award recipient, South
Carolina’s “Ambassador of Music and Entertainment” is a World War II
Presidential Citation recipient with five Bronze Stars (including Normandy and
Bastone).
His autobiography “Drifters 1
: Bill Pinkney” is online at www.Drifters1.com. The Legacy Continues!
Imposter Leporia Logins a/k/a Lee Logan a/k/a Hollywood
Logan, among many other aliases, has engaged in infringing
activities via “The
Legendary Drifters” and “The Original
Driftors” (sic), without the
permission of the rightful Owner.
misrepresentation, unpaid bills and returned checks.
We are
informed that Authorities in a number of states throughout the
Midwest and the South have pending Motions and Warrants
against him.
This company reserves the right to all legal remedies
against
performers, managers, agents, venues, sponsors, promoters,
advertising entities, and all others who assist Logins in this
illegal behavior.
successful Judgment
against an infringing venue.
The
document reads in part
“Order
This
matter coming before the Court on
Plaintiff’s Motion for Entry of Order
of Default Against Krem Group LLC
and status, with due notice given and the
Court duly advised in this premise, It is
HEREBY ORDERED:
Plaintiff’s
Motion for Entry of Order of
Default Against Krem Group LLC is granted.”
promoter, and individual performers.