The Commodores have been given a preliminary victory in court over a prior member who continued to use their name.
According to TMZ, a judge has ruled that Thomas McClary gave up his right to the Commodore name when he left the group thirty years ago. McClary has been touring since earlier this year under the name "The Commodores Featuring Thoams McClary."
The current version of the group brought the suit in August against McClary alleging false advertising and trademark infringement for using the Commodores name. The judge's ruling does not mean that McClary is permanently stopped. A full hearing will be held in the future.
McClary and Lionel Richie formed the band The Mystics while they both attended Tuskegee University in Alabama. The group merged with another, The Jays, to form the Commodores in the late 60's and the band signed with Motown in 1972. While with the group, he was a co-writer on such hits as Brickhouse, Too Hot Ta Trot and Slippery When Wet.
In 1984, McClary left the group but stayed with Motown for a solo album. Two years later, he moved to Florida, formed a gospel record and became active in his church as music director.
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