Fifth Avenue Entertainment

Press Release - November 11, 2014 9:03AM EST

Founder of The Commodores Files a Lawsuit for Fraud

Founder of The Commodores Files a Lawsuit for Fraud

Thomas McClary has filed an action to cancel the trademarks kept by Commodore Entertainment Corporation, which he claims have been obtained fraudulently

The public may well remember the hit entertainment group named The Commodores, which featured Motown icon, Thomas McClary. The band formed in 1967 and is known for the popular song, “Brick House” and many more. Recently, Commodores Entertainment Corporation and Thomas McClary were in the middle of a sticky lawsuit concerning trademark infringement.

McClary never left the Commodore Entertainment Corporation and has an ownership interest in the indentified marks. He is now suing the company for fraud, stating that the company is relying upon a fraudulent letter purportedly dated August 6, 1984, with a forged signature that has no vague resemblance of McClary’s signature and forged without a last name. The entertainment company claimed that the fake letter is McClary’s formal withdrawal from The Commodores.  Thomas McClary states “This is the first time I have ever seen the letter or knew it existed.”

"We were surprised to see the obviously fraudulent signature on the document which was also signed without a last name. Most regrettable that such activity has taken place." Beryl McClary, Attorney

McClary is challenging the trademark registrations of “Commodores” and “The Commodores” by Commodore Entertainment Corporation and has filed an action to cancel the trademarks through the United States Patent and Trademark Office. The artist asserts that the trademark registrations were obtained fraudulently. The Petition for Trademarks Cancellation was dated September 2, 2014.

The court has ruled that McClary continues to have fair use of the name The Commodores.

The First Commodore Thomas McClary is now touring and available for booking. Visit http://thomasmcclary.com/ for more information.

About Fifth Avenue Entertainment, LLC:

Motown artist, Thomas McClary, is the founder of Fifth Avenue Entertainment, LLC, located in Florida. Just this year, the talented guitarist has introduced the new band, The First Commodores Thomas McClary. As founder of the original Commodores, the musical artist is back, offering high-energy musical entertainment. Priding himself on a long history of quality discography, along with the musician’s history with the original Commodores, McClary has collaborated on many artists’ work and released a few albums as a solo artist.

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