Singer Management Consultants Inc. v. Milgram, No. 07-3929; U.S. District Court (DNJ); opinion by Debevoise, U.S.S.D.J.; filed April 7, 2009. DDS No. 04-7-3441 [14 pp.]
Singer Management Consultants Inc. and Live Gold Operations Inc. filed this action against the attorney general of New Jersey, Anne Milgram, seeking a temporary restraining order and preliminary and permanent injunctive relief. Live Gold claims to hold exclusive rights to the unregistered marks “The Platters” and “The Cornell Gunter Coasters,” and manages and promotes singing groups by those names. Singer Management claims to hold exclusive rights to the unregistered mark “The Elsbeary Hobbs Drifters” and previously managed and promoted a singing group by that name. Plaintiffs allege that the defendant specifically purported to exercise authority under the Deceptive Practices in Musical Performances Statute (the Truth in Music Act) to restrain promotion for a collective group performance of The Platters, The Cornell Gunter Coasters and the Elsbeary Hobbs Drifters at the Hilton Hotel in Atlantic City, scheduled to take place beginning on Aug. 18, 2007. Plaintiffs allege that the state’s action is pre-empted by the Lanham Act, and violates their rights under the takings clause, equal protection clause and the First Amendment to the U.S. Constitution.
