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Latest Decision in Band Name Dispute Among Original "Rascals" Members

Through the years, the four original members of the 1960s rock band The Rascals, whose hits included "Groovin'" and "People Got To Be Free," have engaged in multiple intra-band battles over which members have the right to use the "Rascals" name for live performances. In the most recent case, arising out of a 2018 tour by keyboardist/vocalist Felix Cavaliere and guitarist Gene Cornish, Cavaliere and Cornish's touring company Beata Music filed a declaratory judgment and trademark dilution action against Rascals drummer Dino Danelli and vocalist Eddie Brigati. In 2021, District Judge John G. Koeltl of the U.S. District Court for the Southern District of New York entered a default judgment against Danelli. Then in January 2022, District Judge Koeltl issued a summary judgment ruling against Brigati on Brigati's counterclaims alleging breach of 1990 and 1992 settlement agreements and for a declaration that the consent of three of the four original Rascals members is required for live performance uses of the band name. Beata Music LLC v. Danelli, 18-cv-6354 (S.D.N.Y.). District Judge Koeltl found, among other things: "Because Brigati has offered no justification for failing to provide a damages calculation, and because he has not demonstrated the willingness or capability to provide evidence of damages now at the summary judgment stage, Brigati is precluded from offering any damages evidence," the district judge noted. The court added: "When the 1990 agreement was executed, Brigati had not been a performing member of the band for twenty years. The terms of the 1990 agreement address only how Danelli, Cornish, and Cavaliere may use The Rascals name. … Accordingly, Brigati is not a third-party beneficiary to the 1990 agreement and he cannot enforce that agreement.' Furthermore, the court wrote: "Brigati's contract claim with respect to the 1992 agreement also fails for the independent reason that the 1992 agreement does not address live performances and it does not supersede the 1990 agreement."