Abdul 'Duke' Fakir, a founder member of The Four Tops, has won a legal action in the High Court in London against one Viscount Oliver Miller, who has been touring the UK under then name Viscount Oliver's Legendary Four Tops. It is unclear why Miller did so because, according to Fakir, the defendant had never had any association with the actual The Four Tops, in a recording or performing capacity.
Fakir began action against Miller after being made aware of the Viscount Oliver Legendary Four Tops tour by a UK fan. Fakir then discovered that Miller had trademarked 'Viscount Oliver's American Dream The Legendary Four Tops'. When the Viscount refused to stop touring under The Four Tops banner, or to surrender his trademark, Fakir sued.
Miller issued a defence to the litigation, but that was struck out seemingly because of "persistent and serious breaches of Court Orders" on the defendant's part. As a result the court found in Fakir's favour, issuing an injunction to stop Miller from performing under The Four Tops name and a declaration invalidating the defendant's trademark. Miller will also have to pay the real The Four Tops undetermined damages.
Legal firm Magrath & Co, representing Fakir, told CMU: "Today's judgment totally vindicates Duke, whose primary concern has always been that the Four Tops' loyal fans should not be short-changed by Miller's misrepresentations", while Fakir himself added "Ain't nothing like the real thing, baby !"
Miller's band was, of course, a The Four Tops tribute band, and this case adds to a previously reported debate that has had most attention in the US of late - ie how much tribute bands should communicate the fact they are not the real deal. As previously reported, a number of artists, most notably The Supremes' Mary Wilson, have been lobbying for the introduction of new State laws in the US to force tribute bands to clearly state that they are not the real thing in their publicity. Fakir's case may provide a precedent that forces tribute bands to be similarly clear of their status in the UK.
The tribute band issue is bigger, of course, when original members of a legendary group still tour under that group's banner - as is the case here. Fakir still tours as The Four Tops and as it happens is in the UK at the moment on a co-headline tour with The Temptations.