Banner
Banner
Banner
Banner
Sam's Crusade for Artist Rights Continues PDF Print E-mail
News - Frontpage
I have been proud to be a part of seeking rights and redress for myself and my peers over the years. Because of the cyber-stalkers attacks on me, my family, my legacy, my story as is were, I had my office locate the testimony I was honored to have been in a position to give in 1998 when Joyce and I were involved in trying to amend the Lanham Act to include a way to protect the public from the false advertising of "impostor" acts that had begun to spread and cover the club and concert scene around the world like a rapidly moving brush fire destroying all, especially the authentic artists, in it's path.

Unfortunately, my ex-partner was one of those "fire starters" when he hired one or another "fake ME" . For nearly 6 years of lies and deception against me his actions made it relatively impossible for me to secure gigs. That fake act cut a path of confusion with our fans and destruction of the name and legacy of the duo and me personally.

Over the past several years I've had any number of fans from all around the world come up to me and tell me they're glad my voice is so much better than it was the last time they'd seen me. Inevitably it wasn't me, but "Fake Me" they'd seen with Dave sometime between 1982 and 1988 (Dave died in a car wreck in April, 1988). To those fans who paid good money to see the act billed in some fashion as "Sam & Dave" during that time, I am very sorry you didn't get what you paid for. To those fans who lost love for my work with and without Dave I am sad. To those who encouraged and enabled Dave to do what he did to cheat the public and destroy the legacy of the duo with substandard performances and misuse and misappropriation of the trademark what I have to say to them is not fit to print.

My testimony to the House Subcommittee Hearing on May 12, 1998 is what you will see when you click READ MORE. I stand by each and every word of my written testimony that is now a part of the Congressional Record of The United States of America. I also hope it helps confirm certain history that is getting mangled and trashed by those who fell it proper to assault myself and my family and assassinate our characters and malign, defame or otherwise question our motives.
 

2000
TRADEMARK ANTICOUNTERFEITING ACT OF 1998; AMENDING THE TRADEMARK ACT OF 1946 WITH RESPECT TO THE DILUTION OF FAMOUS MARKS; CELEBRITY IMPOSTORS AND A FEDERAL RIGHT OF PUBLICITY; STATE COMMODITY COMMISSIONS AND PRODUCT CERTIFICATION; INTERNATIONAL EXPROPRIATION OF REGISTERED MARKS, AND PATENT EXTENSION REVIEW

HEARING

BEFORE THE

SUBCOMMITTEE ON COURTS AND INTELLECTUAL
PROPERTY

OF THE
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

ONE HUNDRED FIFTH CONGRESS

SECOND SESSION

ON
H.R. 3891 and H.R. 3119
 

MAY 21, 1998

Serial No. 135

Printed for the use of the Committee on the Judiciary

For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402

COMMITTEE ON THE JUDICIARY
HENRY J. HYDE, Illinois, Chairman
F. JAMES SENSENBRENNER, Jr., Wisconsin
BILL McCOLLUM, Florida
GEORGE W. GEKAS, Pennsylvania
HOWARD COBLE, North Carolina
LAMAR SMITH, Texas
ELTON GALLEGLY, California
CHARLES T. CANADY, Florida
BOB INGLIS, South Carolina
BOB GOODLATTE, Virginia
STEPHEN E. BUYER, Indiana
ED BRYANT, Tennessee
STEVE CHABOT, Ohio
BOB BARR, Georgia
WILLIAM L. JENKINS, Tennessee
ASA HUTCHINSON, Arkansas
EDWARD A. PEASE, Indiana
CHRIS CANNON, Utah
JAMES E. ROGAN, California
LINDSEY O. GRAHAM, South Carolina
MARY BONO, California
JOHN CONYERS, Jr., Michigan
BARNEY FRANK, Massachusetts
CHARLES E. SCHUMER, New York
HOWARD L. BERMAN, California
RICK BOUCHER, Virginia
JERROLD NADLER, New York
ROBERT C. SCOTT, Virginia
MELVIN L. WATT, North Carolina
ZOE LOFGREN, California
SHEILA JACKSON LEE, Texas
MAXINE WATERS, California
MARTIN T. MEEHAN, Massachusetts
WILLIAM D. DELAHUNT, Massachusetts
ROBERT WEXLER, Florida
STEVEN R. ROTHMAN, New Jersey

THOMAS E. MOONEY, Chief of Staff-General Counsel
 
JULIAN EPSTEIN, Minority Staff Director

Subcommittee on Courts and Intellectual Property
HOWARD COBLE, North Carolina, Chairman
F. JAMES SENSENBRENNER, Jr., Wisconsin
ELTON GALLEGLY, California
BOB GOODLATTE, Virginia
EDWARD A. PEASE, Indiana
CHRIS CANNON, Utah
BILL McCOLLUM, Florida
CHARLES T. CANADY, Florida
JAMES E. ROGAN, California
MARY BONO, California
BARNEY FRANK, Massachusetts
JOHN CONYERS, Jr., Michigan
HOWARD L. BERMAN, California
RICK BOUCHER, Virginia
ZOE LOFGREN, California
WILLIAM D. DELAHUNT, Massachusetts

MITCH GLAZIER, Chief Counsel
BLAINE MERRITT, Counsel
VINCE GARLOCK, Counsel
DEBBIE K. LAMAN, Counsel
ROBERT RABEN, Minority Counsel
EUNICE GOLDRING, Staff Assistant

C O N T E N T S

HEARING DATE
    May 21, 1998
OPENING STATEMENT

    Coble, Hon. Howard, a Representative in Congress from the State of North Carolina, and chairman, Subcommittee on Courts and Intellectual Property

WITNESSES

    Bliss, John S., President, International Anticounterfeiting Coalition

    Blunt, Hon. Roy, a Representative in Congress from the State of Missouri

    Downey, Bruce, President and Ceo, Barr Laboratories

    Hutt, Peter Barton, Partner, Law Firm of Covington and Burling

    Ingram, Michael, President, Ingram Enterprises, Inc.

    Kirk, Michael K., Executive Director, American Intellectual Property Law Association
 Page 6       PREV PAGE       TOP OF DOC

    Kole, Patrick J., Vice President, Legal and Governmental Affairs, Idaho Potato Commission

    Meyer, Gerald, Consultant, ACC Consulting Group, Inc.

    Moore, Sam, Member of Musical Group Sam and Dave

    Mostert, Fred, President-Elect, International Trademark Association

    Partoyan, Garo A., General Counsel for Marketing and Technology, Mars, Inc., on behalf of Intellectual Property Owners

    Samuels, Jeffrey M., Esq., Law Offices of Jeffrey M. Samuels, P.C.

    Sanchez, Ignacio E., Kelley Drye, and Warren, LLP

    Terry, Joe, Member of Musical Group Danny and the Juniors

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING

    Bliss, John S., President, International Anticounterfeiting Coalition: Prepared statement

    Coble, Hon. Howard, a Representative in Congress from the State of North Carolina, and chairman, Subcommittee on Courts and Intellectual Property: Statement on Patent Extension Review
 Page 7       PREV PAGE       TOP OF DOC

    Crapo, Michael D.: Prepared statement

    DiMasi, Joseph A., Ph.D., Director of Economic Analysis, Tufts Center for the Study of Drug Development, Tufts University: Prepared statement

    Downey, Bruce, President and Ceo, Barr Laboratories: Prepared statement
Letter to Hon. Howard Coble, dated June 2, 1998

    Hutt, Peter Barton, Partner, Law Firm of Covington and Burling: Prepared statement

    Ingram, Michael, President, Ingram Enterprises, Inc.: Prepared statement

    Kirk, Michael K., Executive Director, American Intellectual Property Law Association: Prepared statement

    Kole, Patrick J., Vice President, Legal and Governmental Affairs, Idaho Potato Commission: Prepared statement

    Meyer, Gerald, Consultant, ACC Consulting Group, Inc.: Prepared statement

    Moore, Sam, Member of Musical Group Sam and Dave: Prepared statement

    Mossinghoff, Gerald J.: Prepared statement
 Page 8       PREV PAGE       TOP OF DOC

    Mostert, Fred, President-Elect, International Trademark Association: Prepared statement

    Partoyan, Garo A., General Counsel for Marketing and Technology, Mars, Inc., on behalf of Intellectual Property Owners: Prepared statement

    Samuels, Jeffrey M., Esq., Law Offices of Jeffrey M. Samuels, P.C.: Prepared statement

    Sanchez, Ignacio E., Kelley Drye, and Warren, LLP: Prepared statement

    Stark, Hon. Fortney Pete, a Representative in Congress from the State of California: Prepared statement

    Terry, Joe, Member of Musical Group Danny and the Juniors: Prepared statement

    Waxman, Hon. Henry A., a Representative in Congress from the State of California

APPENDIX
    Material submitted for the record

TRADEMARK ANTICOUNTERFEITING ACT OF 1998; AMENDING THE TRADEMARK ACT OF 1946 WITH RESPECT TO THE DILUTION OF FAMOUS MARKS; CELEBRITY IMPOSTORS AND A FEDERAL RIGHT OF PUBLICITY; STATE COMMODITY COMMISSIONS AND PRODUCT CERTIFICATION; INTERNATIONAL EXPROPRIATION OF REGISTERED MARKS, AND PATENT EXTENSION REVIEW

THURSDAY, MAY 21, 1998

House of Representatives,
Subcommittee on Courts and
THURSDAY, MAY 21, 1998

House of Representatives,
Subcommittee on Courts and
Intellectual Property,
Committee on the Judiciary,
Washington, DC.

    The subcommittee met, pursuant to notice, at 2 p.m., in Room 2337, Rayburn House Office Building, Hon. Howard Coble [chairman of the subcommittee] presiding.

    Present: Representatives Howard Coble, Bob Goodlatte, Edward A. Pease, Ed Bryant, and Zoe Lofgren.

    Staff present: Mitch Glazier, Chief Counsel; Debbie Laman, Counsel; Vince Garlock, Counsel; Eunice Goldring, Staff Assistant, and Robert Raben, Minority Counsel.

OPENING STATEMENT OF CHAIRMAN COBLE

    Mr. COBLE [presiding]. The subcommittee will come to order.
 
THE FOLLOWING IS THE ENTIRE WRITTEN TESTIMONY BEFORE THIS COMMITTEE OF SAM MOORE

PREPARED STATEMENT OF SAM MOORE, MEMBER OF MUSICAL GROUP SAM AND DAVE

SUMMARY

    Sam Moore, Rock and Roll Hall of Fame inductee and surviving member of the legendary soul duo ''Sam and Dave'' is no stranger to the damage caused by impostor groups. For many years, he pursued fake acts that improperly and unethically traded on his own name and substantial musical accomplishments, and the time, effort and money expended to protect and defend his interests cost him and his family dearly. Mr. Moore, speaking on behalf of many of his peers, endorses the proposal set forth before the committee by Artists & Others Against Impostors, a non-profit organization dedicated to ending the abuses of the authentic artists and the consuming public by the impostors and those that promote them.
 

The proposal would establish a sub-registry for famous group names that would recognize a personal right in the individuals who performed on original recordings released under the group name. Those individuals who appear in the registry would be allowed to use the name of the group in promotion and advertising for their current work, provided that the advertising and promotion truthfully sets forth the individual's relationship to the group. Mr. Moore believes that this would permit the authentic artists to compete fairly against the impostors and protect the public who would thereby know if the performers on stage are the ones responsible for the performances that they remember.

STATEMENT

    Mr. Chairman, ladies and gentlemen of the committee, on behalf of myself and Artists & Others Against Impostors, I would like to thank you for the opportunity to appear before you today on behalf of the proposed changes to the Lanham Act.

    My name is Sam Moore.

    I have been a performer for most of my life. In 1992, I was inducted into the Rock and Roll Hall Of Fame as was my former partner with the duo ''Sam and Dave.'' Dave Prater Jr., died in 1988. His Hall Of Fame induction was posthumous.

    Dave and I began to record as a team in 1961. Over the next decade, we had a string of hit records including ''Hold On, I'm Coming'' and ''Soul Man,'' for which we won a Grammy Award in 1967. We appeared on network television many times and toured across the country and around the world. We performed for Kings, Queens and Heads Of State including President Jimmy Carter. Later in my career I had the personal honor to participate in the George Bush Inaugural, ''A Celebration For Young Americans'' which my wife produced in association with Lee Atwater.
     I am not here before you to paint a pretty picture of those days. Sam and Dave were a great team on stage, and we always gave the audience everything we had. We did not enjoy a great friendship when we came off, unfortunately. That's not important now, what is important about Sam and Dave, here today, is what happened to the team after the hits stopped.

    We broke up the act twice, the first time was in 1969. At that time, it never occurred to either Dave or myself to get an ''impostor'' partner, but unfortunately the pressure to get us to reunite was so strong my solo career got sabotaged and a solo album that I had recorded, which was to be my launch, got buried. It is only now finally going to be released, twenty-seven (27) years late or later, as the case may be.

    The second and final time we broke up was New Years Eve 1981. I cleaned up my act and started once again pursuing a solo career. It wasn't easy for me. When I tried to get bookings for myself as Sam Moore, agents, club owners and show promoters would say ''you need to just get another 'Dave,' any 'Dave,' and go out and use the name 'Sam and Dave.' '' I eventually allowed myself to be booked as ''Sam & Dave's legendary Sam Moore'' or Sam Moore of ''Sam & Dave'' fame. In each case I was comfortable in the truth and accuracy in my presentation of who I was to the buying public. I also know the same agents and buyers were telling Dave, ''just get a 'Sam'.''

    All the way back in 1968, at Dave's request, I had bought Dave's rights in a corporation we owned and therefore the name ''Sam and Dave''. I alone am the holder of the trademark in the name. As a result, legally I can or could have taken anyone with me, advertised and promoted as such and been ''Sam and Dave'' on stage or otherwise. To me, it wasn't the honest thing to do to the audience who would then come and pay money to see a performance that was half a lie. In my mind that would have made the show a whole lie, and I wouldn't do that to myself, or anybody else.
 
    That decision cost me a lot. I know there were a lot of well-paying dates I could have played with a ''Dave,'' trading on the name and fame of ''Sam and Dave'' and there were even record contracts I could have gotten. Believe me, I badly needed the money from those offers because I had lost all I had made in the 60's and never got a chance to put anything aside for a rainy day. There were no new ''Sam and Dave'' hit records. I wasn't getting a fair shake from the record companies on my royalties either and I really couldn't afford the lawyers and accountants I needed to fight for my rights.

    Dave, I am sure, had as hard a time, if not more so as I did finding work as a solo artist (as I was the more dominant and lead singer of our duo), and I know from his actions that the lure of easy money was too great for him. He found another ''Sam.'' He was quoted during that period of time to say he changed ''Sam's'' like he changed his underwear.

    One such ''Sam'' was named Sam Daniels, a man whose first name was in fact ''Sam.'' I already knew a lot about Sam Daniels, we'd attended the same high school. At the height of our career and even before in the 1960's, we sued to keep Sam Daniels from appearing as part of an act known as ''Sam and Dan,'' which copied our songs, style and our stage act. We won that case.

    But yet, Dave took Sam Daniels on the road to invade my name, likeness and history. Sometimes they were billed as ''Sam and Dave.'' Sometimes they were ''The NEW Sam and Dave.'' Sometimes they were ''The New Sam and Dave Revue.'' Never, ever, did they tell anyone that ''Sam'' was a fake. Sam Daniels did his best to sound like me and look like me. I honestly believe that if I had dyed my hair green and painted my face purple, he would have followed suit. He autographed records that I had sung on many of which went gold. They fooled some very smart people. The State of Arkansas declared a ''Sam and Dave Day,'' in the mid 1980's, but, that wasn't me at the ceremony with then Governor Clinton, a self professed ''big fan''. Atlantic Records released a record called ''Stars on 45—The Sam and Dave Medley,'' claimed it was by the original artists but that was not me singing. They had Sam Daniels singing a medley of songs that I made famous with Dave. I sued Atlantic and I won. They had to recall all the records from the stores to re-label them, indicating that the ''Sam'' on the records was not the original ''Sam'', me. They weren't entirely successful and much of the damage was already done.
 
    I pursued Dave and the ''fake Sams'' to protect my name and reputation, to enforce my rights and to increase my ability to get some work in the marketplace. I chased them from state to state and court to court. I got injunctions, contempt citations, and even arrest warrants against them , but, the laws are such that I found myself playing ''catch me if you can'' with them from one end of this country and the world to the other. The legal bills were staggering. At this time there was very little work for me. I would be told that I was only half an act and since buyers could buy and marquee the name ''Sam and Dave'' if they took my ex-partner's act, legal or not, that is what they would do. These fights cost my new wife nearly everything she had. She lost her house. We moved from a four bedroom Encino townhouse into a one bedroom motel, paying weekly, with her daughter, my daughter and one of our grand babies. The fight did not really end until Dave died in a car crash in 1988 and sadly. I am convinced that if he were still alive today, I would still have problems with him over the name.

    I have to say something else about my wife, Joyce Moore, at this point. She lived through the rough days this problem caused me, and came out of it with a strong and determined commitment to end the fraud and the fakery that is part of the business. She founded Artists & Others Against Impostors, the non-profit organization, that has played a fundamental role in getting this proposal before you today. For years she attempted to educate agents, artists and others in the industry that their practices were not only hurting ''Sam & Dave'' but all the other artists who were being invaded by phonies. She worked tirelessly to accomplish the objective of change and she's done this because it is the right thing to do and it had to be done. Often she's paid dearly for her strength and courage which was taken as interference and trouble making. She's been accused of everything under the sun. I am so proud of her because I know she hung in there for years, long after our direct problems with my ex-partner were over, so that I could be here today to explain to you the reasons for seeking the changes in the law.
 
    I consider myself one of the lucky ones. I have a recording contract, as myself. I have participated in a platinum album project dueting with the late Conway Twitty, appeared in three motion pictures, most recently ''Blues Brothers 2000.'' A book I wrote with Dave Marsh, noted rock music critic, about my life and career has just been published by Avon Books. I am singing all over the country and world, working, earning a living at my craft. I am finally enjoying some personal prosperity and my solo career is finally on its' way. Wow! I am just another over night sensation.

    But still, even with all of the highly visible, status level events and bookings I've had, Joyce, who also serves as my manager, still gets told how much better we'd do, how much more money we'd make and how many more bookings we'd get if we'd just get a guy, any guy and call him ''Dave''. I attribute this to the mentality that's invaded the side of the industry that deals with Rock & Roll and Oldies acts.

    Such conduct is not and will never be tolerated in country music. There are no fake Oak Ridge Boys or impostor Judds. You would never see four (4) impostors try to pass themselves off as The Statler Brothers. You will also not find this behavior or mentality in the jazz or opera worlds; only Rock and Roll, the historic cash cow.

    A collection of impostor acts, Coasters, Drifters and Platters appeared and performed last summer on The Today Show. In the interview that Lauer conducted with one of the ''un-ifters'', as Joyce calls them, the statement was made by Lauer, ''It's the music that counts, that's what the fans love, the songs, that's what's endured.'' To me, that's like looking at a Picasso and saying, ''Oh! It's just the paint.''
  
     The whole practice of fakes and phonies is out of hand. We are all paying dearly. Consumers are paying their hard earned dollars to be lied to because of their love for what those of us who payed the dues created. We're losing work to wanna-be's, many of whom were not born when we were traveling up and down the highways of our great land.

    You don't know what it feels like to arrive for a show and discover that the promoter expects you to take the stage with phonies who are passing themselves off to the audience that payed to see the real recording artists they've loved for so long. The process cheapens and brings invalidation of your own worth and legacy. Contractually, you are obligated to perform or you are sued so you go on stage ashamed for the audience their loss of innocence.

    We need your help. We need to fix the broken laws that allow, tolerate and reward these practices.

    I speak here today for those who cannot be here to tell you their story. I speak on behalf of Johnny Moore, lead singer of the Drifters on some of their greatest hits like ''Up on a Roof'', ''On Broadway'' and ''Under The Boardwalk''. Unable to call himself a Drifter here at home, where he made those hits, Johnny must work in exile in Europe. I speak for Dennis Yost, the lead singer of the Classics IV, who cannot make such reference when he wants to sing in public. I speak for Chuck Blasko, who can call himself a Vogue, a group he helped make famous, only in a small part of western Pennsylvania. I speak for Gladys Horton of the Marvelettes, Dennis Edwards and Ali Woodson, both famous lead singers of the Temptations, Alex Chilton, Gary Talley and Bill Cunningham of the Box Tops, and for dozens more, some of whom are sitting behind me this afternoon.

    These men and women gave our American culture something of themselves, something special, something personal when they created the recorded songs, and live performances that have become an important part of our lives. Yet, they are denied their rightful place because the law does not recognize their standing. Furthermore, for every one of these legitimate creators, there are impostors working right now under those names ans histories the real artists made famous. They have even set the pay standard for our industry which is absolutely unacceptable. These fakes will work for little more than day wages in comparison to what the rightful heirs of their legacies, should. It makes it hard for all real acts to compete and be paid in accordance with their history and prestige. Bar bands often get double or triple what is offered to legends. would that it has impacted everyone. Impostors are everywhere, taking away opportunities that belong to the real acts. Why, there were even impostors at the 1996 Clinton Inaugural.

    That just isn't right.

    We are here to petition this committee to give careful consideration to a change in the law that will permit the artists who created the histories by their recordings, to declare who they are to the world, and to make the impostors admit what they are so as to make sure that the buyers, promoters, agents and the millions of fans know who is who when money is being exchanged regardless of if its to buy, sell or see a show.

    I thank you for the time you have given me to make our case today.

    Mr. COBLE. Thank you, Mr. Moore.

 
div, class: text