Rudolph Isley has sued his brother and former bandmate, Ronald Isley, for allegedly obtaining an improper Isley Brothers trademark.
, is suing his brother and former bandmate Ronald for allegedly trying to secure a trademark for “The Isley Brothers” exclusively under his name., is seeking a judicial declaration that “The Isley Brothers” mark is “jointly owned” by the brothers. Rudolph also claims he’s “unaware of the degree to which Ronald exploited the Mark” and wants the judge to order Ronald to “account for and pay” the 50 percent share Rudolph says he’s owed for any proceeds derived from the trademark.
Rudolph and Ronald co-founded the Isley Brothers with their late brother, O’Kelly, in 1954. Rudolph’s suit claims that “at all times” the band operated as a “common-law partnership,” sharing expenses, profits, and control of the band’s business. Even as the band’s lineup grew and expanded, the lawsuit claims, the group “remained an equal partnership under the sole ownership, direction and control of its founding members.
After O’Kelly’s death in 1986, Rudolph says he and Ronald were left with a 50 percent share of ownership in the band and “The Isley Brothers Trademark.” Rudolph stepped back from the band himself in 1989, but “remained active in promoting and managing the Group’s properties,” such as a 2018 publishing deal and a recent licensing deal involving the use of “Shout” in a Super Bowl commercial this past year.
However, Rudolph claims that on Nov. 2, 2021, Ronald struck out on his own and “filed an application to register exclusive rights” to “The Isley Brothers” mark with the U.S. Patent and Trademark Office for goods and services related to “visual recordings and audiovisual recordings featuring music and animation.” The Trademark Office approved the application on Aug. 16, 2022.
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