The chart-topping Australian rock band, which had huge hits here and overseas with songs such as Reminiscing, Lady and Take It Easy On Me, has been in and out of the courts since 2002, when a dispute over who legally constituted the band emerged.Key band members Glenn Shorrock, Graeham Goble and Beeb Birtles left the Little River Band in the 1990s, while other members led by bass player Wayne Nelson kept the band going in the US.When Shorrock, Birtles and Goble sought to reform under the name “Birtles, Shorrock and Goble – The Original Little River Band” in 2002, a court action was filed by the US-based band which led to the Australian trio agreeing not to use the name.“Birtles, Shorrock and Goble agreed that the opponent was the owner of the trade marks and that they would not use the trade marks as their name or in the name of their band, but would be entitled to refer in promotional and advertising material to the fact that they were members of the original line-up of the band,’’ a recent Federal Court Judgment says.In that case, which wrapped up in May, Victor Marshall, the proprietor of Adelaide-based record label The Grape Organisation, unsuccessfully tried to block Little River Band Pty Ltd – the Australian legal entity for the US band – from using the Little River Band trademark.That attempt failed, and Mr Marshall this month was also blocked from dealing with streaming services such as Spotify.Mr Marshall put out a press release in May last year saying The Grape Organisation was “proud to present the largest online museum resource dedicated to an Australian band – The Original Australian Little River Band and its individual members’’.“Personally, I hope that it will increase appreciation for the band in Australia, especially in Glenn, Beeb and Graeham’s home town of Adelaide,’’ the press release says.“Recently, Little River Band has been overlooked for several public acknowledgments such as the Adelaide council naming laneways after Adelaide musicians and a star on the Adelaide Festival Centre’s Walk of Fame.“Major streaming platforms, Spotify and Apple Music have now separated The Original Australian Little River Band’s catalogue from the American Little River Band’s. “As you may be aware, an American band tours the U.S. performing the songs of Glenn Shorrock, Beeb Birtles and Graeham Goble. “The American band claim all of the original band’s achievements in their press releases. “Having separated catalogues will help prevent fans from getting confused between original material and the American band’s rerecordings.’’Justice Helen Rofe made orders this month with the consent of Mr Marshall and Grape, restraining them from “doing any act which causes or procures a breach of, or otherwise interferes with, the applicants’ contractual relations with” Spotify, any other similar service provider and the Utah Symphony Orchestra.The US-based Little River Band in July performed with the orchestra, with marketing materials promoting the fact that they “enjoyed huge chart success throughout the ‘70s and ‘80s with multi-platinum albums and chart-topping hits including ‘Reminiscing’.’’Mr Marshall declined to comment on the Court matter.Australian fans of the band have long been incensed by the trademark stoush, with one commenter on Grape’s Facebook page referring to the US outfit as the “little rip off band”.“Great band – the band that tours USA today are impostors.’’ another said.Mr Nelson told News Corp Australia last year, “Stephen Housden, myself, and the rest of Little River Band recognise and are grateful for the contributions Mr Goble has made to LRB’s continuing history and legacy.“Thirty years ago when Graeham decided to leave the band to pursue his solo career, we decided to carry on … just as LRB had always done when, one by one, the founding members left the band.“Little River Band continues to tour and record successfully for its fans worldwide.“As to the ‘issues’ you mention regarding use of the band’s name and music, those are matters that were amicably and publicly settled following court proceedings 18 years ago and agreed to by all parties. We make every effort to comply with those agreements.”The Spotify stream which the Grape Facebook page points to appears to have been disabled.
Source: Sun Herald
