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Band Name Rights at Center of Battle Between Founding Isley Brothers
Fundamental issues in rights in band names are how those rights are determined among group members — including leaving members — between different bands, in concept groups and as to third parties, including personal managers and record labels. A current dispute over a band name that's worth tracking is one between two founding members of "The Isley Brothers," the legendary r&b group, that focuses on what happens to ownership of the band name rights when one member stops performing with the group but continues to be involved in its business affairs.
O'Kelly, Ronald and Rudolph Isley formed the Isley music group in 1954. According to Rudolph, the three siblings "intended to operate and did operate the Group as a common-law partnership" by contributing equal amounts of capital, equally incurring expenses, and sharing control and profits. For a time, younger Isley brothers Ernie and Marvin along with their brother-in law Chris Jasper later performed with the group but without "ownership, direction, or control rights." O'Kelly died intestate in 1986, leaving Ronald and Rudolph each with a 50% percent ownership interest in the group. Several years later, Rudolph stepped aside from performing but remained involved in the band's business ventures.
Then in 2022, Ronald obtained for himself a federal trademark registration of the band name. Rudolph, meanwhile, maintained he still had a 50% share of The Isley Brothers. An attorney for Ronald responded: "Ronald has no problem jointly deciding and incorporating Rudolph in Isley Brothers business. However, it would be only for the years that Rudolph was a working member of the Isley Brother's group."
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