Imperials Fiasco

I'll admit, I've been confused myself by which group on the road today is actually "The Imperials." There is a group that includes Terry Blackwood, Joe Moscheo, and Sherman Andrus that calls themselves "The Imperials;" there's a group featuring Armond Morales and Dave Will named "The Classic Imperials" (although according to their website, they're now using some sort of Crown symbol). Then there's what many are referring to as "a younger group" who is using the name "The Imperials." To say the least, you have a few options!!

Going by simple logic and natural progression, the "younger group" should be the official Imperials. This is the group that stemmed from the original 1964 lineup. As with many long-term groups, there had been quite a bit of turnover over the course of almost 4 decades, but the one constant was group owner, Armond Morales. You would think that as long as Armond was with the group, there was no question of who the Imperials were, much like Ed O'Neill with the Dixie Melody Boys, George and Glen with the Cathedrals, or Bill with the Gaither Vocal Band.

The problem lies, apparently, when Armond decided to leave the group. Ownership of the group name became fuzzy (at least in some peoples' eyes), and the question of who could actually call themselves "The Imperials" became a point of disposition. Armond, from what I can tell, still feels that he can use the Imperials name in some form (whether he believes he still owns it, should own it, or just deserves it). The current group of Imperials (which, sadly for the situation, includes Armond's son, Jason) disagrees, claiming that multiple groups using the same (or a similar) name is not only confusing, but detrimental to their own careers.

According to an "open letter" on their website, when Armond left the group, he not only gave his blessing and "passed the mantle" to the current group, but also signed legal documents releasing his ability to use the name "Imperials," as well as any common law interest. The entire situation is quite complicated, and to try to explain it here would take too long, so I'll refer you to their site for that. To make a long story short, after all of these transactions occurred, Armond began using the name "Classic Imperials" to promote a new group (made up of 50% old Imperial members). It's a nice gimmick, but can obviously lead to some confusion.

In the mean time, Terry, Joe, and Sherman have begun billing themselves as "The Imperials." With the exception of Terry's name, these three haven't really had a whole lot of recognition outside of the Imperials, and these three are usually the ones who take part in most of the Elvis tribute shows (as either "The Imperials" or "Former Imperials Members"), so I can see why they'd want to use the name, but in reality, it seems like they're just trying to take advantage of the fact that they were once in the group (and used to sing backup for the king of rock 'n' roll). It'd be like Mike English, Mark Lowry, Terry Franklin, and another bass singer claiming to be the Gaither Vocal Band....it just ain't right.

Unless I have read their open letter incorrectly, it seems that in the entire 40+ years that the Imperials have existed, no one in the group ever thought to register the name as a trademark!! As a result, someone else had registered the name at one point, still holds the name, and is putting a kink in the entire proceeding. Talk about dumb luck!! Not only are they fighting each other over the name, they now have to go through a third party (who, at least from what I can tell, has nothing to do with any of the existing "Imperials" groups). As a result, trying to prove ownership of the name is that much harder.

Back in the late 1950's, Wally Fowler gave Smitty Gatlin use of the name "Oak Ridge" in exchange for debts he owed. Several years later, Fowler tried to start a new group using the "Oak Ridge" name. Gatlin sued Fowler, and a judge ruled that Fowler could not use the name "Oak Ridge" or anything "confusingly similar" as a group name. In a 1969 TV appearance, when asked if they go by "Oak Ridge Quartet" or "Oak Ridge Boys," Duane Allen responded, "We go by both names, and we OWN both names, but we prefer 'Oak Ridge Boys'." To this day, both "Oak Ridge Quartet" and "Oak Ridge Boys" are trademarked by the group. None of the current members were in the group at its inception (in fact, at least one of them hadn't even been born yet!), and plenty of turnover occurred, but like any business that sees a change in management, group members would join, leave, buy in, and get bought out.

According to the "younger group" of Imperials, the group had indeed bought out the group from Armond Morales, making them the rightful owners of MOSH, Inc., which is the company that the Imperials operate under. That alone should give them the right to use the name, but again, with the trademark being in question anyway, it appears that at least two groups are taking advantage of the mishap. Ultimately, it's going to be up to a judge to determine who rightfully owns the name, who has the right to use the name, and who will have to make some changes.

To add to the confusion, a LOT of publicity has been put into a "new" release by The Imperials - a "lost album" of material recorded in 1977 by Armond Morales, Jim Murray, Russ Taff, and Dave Will. At a time when the current group is trying to establish themselves, we have a project reminding us of a past group. Inconvenient timing? I wonder if any of the current members had to sign off on that release, or if Armond did (if anyone outside of Word had any say in its release).

On a side note, it appears that the Classic Imperials are (at least for the time being) taking a cue from Prince; they are using an elaborate crown logo (with a strategically placed "I" in the middle) and calling themselves, "The Artist Formerly Known As The Imperials." It's not TECHNICALLY using the name, but there's no question about who they are trying to be. It's almost like they are mocking the current group (and, intentionally or not, parodying a rock singer) just so they can still identify with the old monicker.

This isn't the first time that a group has become involved in legal proceedings over a name. Ed Enoch had to change the Stamps name to Golden Covenant until he could secure the name from JD Sumner's estate. Same with the Kingsmen (who were briefly known as the Carolina Boys) and the estate of Eldridge Fox. In both cases, however, the previous owners were deceased, and without stipulations in a living will, transitions involve time. Triumphant was originally known as Integrity for about a year until the name was called into question by another organization, but a simple change took place, and all was well.

In the case, however, it appears that there will be no simple answer....