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Band Name Dispute Over Recording and Concert Uses

By John Pacenti
The Miami girl group Expos' ruled the charts in the 1980s, turning out a multiplatinum album and numerous hits, including the No. 1 single, 'Seasons Change.' But some things never change. Turmoil with management roiled the group during its hey-day, and rancor has returned now that the trio is on a popular reunion tour, riding high on 1980s dance nostalgia. The singers have been sued to stop using the name Expos' after breaking with promoters in August, just months before the music group's trademark licensing agreement was set to expire.

Crystal Entertainment & Filmworks of Miami recently filed a lawsuit against the group in U.S. District Court in Fort Lauderdale, alleging it owns the rights to the group's name. The music group's founder ' prominent Miami Beach songwriter and producer Lewis A. Martinee ' also filed recent applications for the trademark for both the recorded music and the performances.

Jeanette Jurado, Ann Curless Weiss and Gioia Bruno of Expos' assert that Crystal ' which inherited the ownership rights to Expos's recorded music ' does not have the right to the trademark as it pertains to live performances. Among its allegations, Crystal's lawsuit alleges trademark infringement, breach of contract and unfair competition. It also alleges 'cybersquatting' for the group using the Expos' name on its Web site. Crystal named former band member Kelly Moneymaker in the lawsuit, as well as the group's booking agent, Paradise Artists of Los Angeles, and its Las Vegas-based merchandise vendor, Walking Distance Entertainment.

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