Cuban

What happens when a Corps folds?

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9 hours ago, George Dixon said:

Vultures descend and pick at the dead corpse 

Finger-pointing

equipment disappears 

just a few of the many sad possibilities!

 

OK... those first three lines, you described some funerals I've attended. :tongue:

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1 hour ago, exitmusic said:

Completely, 100% untrue. I could start The 27th Lancers Drum and Bugle Corps, Inc. tomorrow morning in, say, Idaho or Hawaii or Arkansas, and legally it would be fine. It would #### off a lot of people, but it would be legal.

 

 

 No, it wouldn't.. Point of fact,. The Bonfiglios asked the remaining marchers/ staffers after their DCI Exhibition Performance in '94 to not utilize their name " 27th Lancers " anymore, as they owned the name, and had it trademarked and entered into the Massachusetts Registry as such. The intent of the Bonfiglios was that the '94 DCI Championships exhibition performance would be " One Last Time ", ie their last rodeo. But some marchers/ staffers wanted to continue on with the Corps and with its name " 27th Lancers ". So the Bonfiglios went to court  and secured a Cease and Desist order from the Judge that stated in no uncertain terms that it would be illegal for them to continue with the name " 27th Lancers ". So once the denial of the use of the name was mandated, the Corps changed their name from the " 27th Lancers " to " The Light Brigade ", and continued on for a few more years under that name. So no, you could not start a Drum Corps in Idaho or wherever and call them the " 27th Lancers ", if the owners of that name has officially registered that name, and do not want you to utilize it. There may be be a way out of this however, as I mentioned above,  if there could be a Statute of Limitations that might... might... preclude the owner of the Naming Rights to have the name preserved for themselves and their Heirs forever. That part I'm unsure of at the moment. Its possible the Name protection only lasts for as long as the the owner of the Name is still alive. If so, then it could be legally permissable  to start up your " 27th Lancers " Drum Corps somewhere. But if the Name Rights flow to the heirs at death, then its likely that you could not start up a Corps with the name " 27th Lancers " if the heirs decided to challenge your usage,

 Also, there was a traveling singing band that was doing the Holiday Inn level of concert tours around the Country that called themselves " The Four Tops" many years ago. None of whom performed in the legendary " Four Tops " singing Band however. They sang the songs of the REAL " Four Tops ", but were a pale, subpar imitation. So the owners of the name ( and one of the original " Four Tops "). went into Court and likewise got a Cease and Desist Order from a Judge for that singing Band to immediately stop utilizing the name that was not authorized and in which the owners of the Name ( duly registered as such ) did not give permission for its usage. A lot of this restriction and name protection is done for practical purposes too. The IRS, for just one example, can have a heck of time in determining who's who, if there are multiple units utilizing the same name, and performing similar shows across the country, ie" in Idaho, in Hawaii, in Arkansas " or wherever. Can you start up a Band, practice some surfer songs,  and call yourselves " The Beach Boys " ( without the printed or stated caveat of " imitation band " )   and then go out and hit the road for" Idaho, Arkansas, Hawaii" or wherever ?. No, I would not advise it., as you'd be slapped with a court order to stop and drop that name by a judge faster than you could say " Help Me Rhonda ".

Edited by BRASSO

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Lots of great information in here.  Thank you friends.

Its such a minefield and gets so complicated so quickly on "who owns" a name when it comes to folded groups and whether or not they exist in some form or managed to transfer trademarks.

I appreciate the discussion greatly.

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1 hour ago, Fran Haring said:

OK... those first three lines, you described some funerals I've attended. :tongue:

i thought he was talking about the 1998 Westshoremen

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8 hours ago, exitmusic said:

Disagree. The only thing that matters is whether the underlying entity still exists. Whether someone says they are "operating" the organization or not doesn't really matter. 

Well, it has to exist for people to be operating it...

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18 hours ago, Tim K said:

And in some cases, they go into storage in some unknown nook in a church basement, all but forgotten until an asbestos inspection.

I taught on a parish educational faculty (Federal Blue Ribbon rated) and "discovered"  in such a nook a forgotten but usable marimba. A quick call to Dennis Delucia brought me someone capable of assessing and appraising the piece which another high school with a newly competitive marching band purchased and added to its front ensemble. Talk about smiling faces all the way around.  No asbestos was absorbed in the transaction. I am still grateful to Dennis, one of the good guys of the activity.

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On 5/7/2019 at 2:30 PM, Tim K said:

And in some cases, they go into storage in some unknown nook in a church basement, all but forgotten until an asbestos inspection.

There is a story behind it, won’t divulge details except to say, it wasn’t me!

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On 5/7/2019 at 1:53 AM, Cuban said:

Hey guys.  Curious to those who have sadly ever been intimately involved in the dissolving of a Corps. Particularly Im curious about the whole Non Profit Corporation side of things.

What happens to things like the corps Name and logo?  Is that kind of thing always trademarked? Who holds that information and is it available for the public to see?

I know assets are usually liquidated (or at least Ive always assumed so) but who handles said liquidation?

If someone unrelated wants to use the name for a new group can they do so?  I know obviously you wouldn't allow someone to bankrupt their group and then just attempt to start fresh but can a stranger apply to gain a trademark?

What happens with the debt that a group had when they folded?  Does it just stay and prevent the use of that organization essentially forever? 

If the current management of a folded group is not forthcoming with information like remaining debt is it possible for the public to see exactly what the dollar amount is owed?  Who would you approach for that information if the current management will not answer questions?

This comes from a place of curiosity in regards to reviving a long dead corps and especially when the people claiming to "operate" the remains do not give out any information.


Thanks friends.

Depends on how the entirety is dissolved. In the case of the Glassmen it’s pretty over the the corps ever to return as the once were.  The bankupcy and complete loss of assets and money that can never be collected and reimbursed (upon discharge of debts) makes any return as once know virtually impassable. 

Unfortunately for drum drum corps, the active been better and killing off corps rancher than making new ones. It’s sad, because the day when drum corps was the king is long past. 

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Just now, drumcorpsfever said:

Depends on how the entirety is dissolved. In the case of the Glassmen it’s pretty over the the corps ever to return as the once were.  The bankupcy and complete loss of assets and money that can never be collected and reimbursed (upon discharge of debts) makes any return as once know virtually impassable. 

Unfortunately for drum drum corps, the active been better and killing off corps rancher than making new ones. It’s sad, because the day when drum corps was the king is long past. 

 

Just now, drumcorpsfever said:

Depends on how the entirety is dissolved. In the case of the Glassmen it’s pretty over for the the corps ever to return as the once were.  The bankupcy and complete loss of assets and money that can never be collected and reimbursed (upon discharge of debts) makes any return as once know virtually impassable. 

Unfortunately for drum drum corps, the active been better and killing off corps rancher than making new ones. It’s sad, because the day when drum corps was the king is long past. 

 

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On 5/7/2019 at 10:19 PM, Fran Haring said:

OK... those first three lines, you described some funerals I've attended. :tongue:

I’ve presided at a few of those funerals myself! 

I know a funeral director who once said after dealing with a demanding family that was feuding “my family is not so crazy after all.”

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