R&B’s Isley Brothers Face Each Other in Trial Over Their Name

The surviving original members of legendary rhythm-and-blues band The Isley Brothers, now in their 80s, appear headed to trial over a trademark dispute.

Rudolph Isley is suing Ronald Isley, his brother and a co-founder of the band. On Thursday US Judge Thomas M. Durkin admonished lawyers for the Rock and Roll Hall of Fame inductees to reach an amicable settlement and spare the two men from litigation that could consume their remaining years.

“This is no way to live the rest of their lives,” Durkin said.

Durkin lamented the two men, Grammy Lifetime Achievement Award winners, will “have this fight be their legacy.”

Rudolph his suing his brother Ronald for using The Isley Brothers name for products without his permission and without payment. Rudolph is asking the court to declare the two surviving brothers as equal owners of the trademark. Assets held by The Isley Brothers include the T-Neck Records Inc. record label, the music publishers Teaneck Pub. Co. and Bovina Music Inc., and more than 100 registered copyrights on musical compositions.

Reitler Kailas & Rosenblatt LLP partner Brian Caplan, who represents Rudolph Isley, agreed with Durkin that both sides should push to reach a settlement, claiming legal fees for each side could exceed $100,000 if the dispute goes to trial. But Ronald Isley’s lawyer, Mitchell Silberberg & Knupp LLP partner Jeffrey Mark Movit, told Durkin that settling the case is “not fair or appropriate” because allegations in the complaint are “incorrect.”

“I’m done trying to persuade” both sides to settle, said Durkin, who then set a Sept. 11 deadline for both sides to finalize a discovery schedule—one prelude to a trial. If the two sides can’t agree on a discovery schedule Durkin will approve his own, the federal judge said.

Trademark Use At Issue

Rudolph and Ronald formed The Isley Brothers with their brother O’Kelly, who died without a will in 1986. A New Jersey county judge equally distributed O’Kelly’s interests in the The Isley Brothers trademark between Rudolph and Ronald, making each surviving brother a 50% owner in the trademark, the case’s complaint said.

Rudolph asked for a judicial declaration that legal rights to the trademark are “jointly owned by Plaintiff and Defendant equally because the Mark is an asset of a partnership in which Plaintiff and Defendant are the sole and equal members.” Rudolph Isley also asked the court for a “share of all proceeds received by Defendant in connection with the provision of services and sale of goods under the Mark,” an amount not named in the complaint.

“Defendant has within the past year offered goods and services in commerce to the public under the Mark within this judicial district and in other locations, without the authorization or approval of Plaintiff, and has failed to account to or make payment to Plaintiff in connection with such exploitation of the Mark,” the complaint said.

"[B]oth Plaintiff and Defendant are currently 50% owners of all rights and interests of the Group, with neither party having the authority to enter into deals concerning the Group or the exploitation of the Mark without consent of the other party,” the complaint said.

The case is Isley v. Isley, N.D. Ill., No. 23-cv-01720, hearing 8/31/23.