The "New" DEEP PURPLE feat. Rod Evans
Billboard Magazine – March 14, 1981
Judge Orders Big Award For Infringing Act's Name
By JOHN SIPPEL
LOS ANGELES. In what is probably a U.S. record-high damages award for infringing on an entertainer's trademark, members of the act, Deep Purple, and its management firm, HEC Enterprises, are to receive $672,012.44 from Deep Purple Inc., a California firm, and four area musicians.
The stiff monetary award was handed down by Federal District Court Judge Manuel L. Real here. Compensatory damages of $168,03.11 and $504,09.33 in exemplary damages were awarded.
In June 1980, HEC and the Deep Purple group members Richard Blackmore, Roger Glover, David Coverdale, Ian Paice, Jon Lord and Ian Gillan filed suit against the defendants, charging they had put together a group, "Deep Purple," composed of the defendants and had worked some concerts under the disputed name. In additon, Emery had applied to register the name, "Deep Purple" as a service mark in Washington, D.C. and in this state. The complaint also charged the defendants were working concerts in the western U.S. under the debated name.
Judge Robert Kelleher, originally designated to hear the dispute, denied a temporary restraining order and a preliminary injunction against the defendants in late June 1980. Counsel for the defendants argued that Deep Purple was no longer a working group and that the group was essentially an instrumental act, wherein all original members were not essential. Evans, they stated, was the original vocalist.
Ernest Heath Reid, a guiding fiscal force in HEC, supplied the court with actual royalties received by
Deep Purple. He broke down the royalties in pounds sterling for various different membered groups
through the career of the group as follows: