Federal District Court, State of Nevada
BILLY RICHARDS, Plaintiff,
CORNELL GUNTER'S COASTERS, INC., CHARLES DUNCAN and EDWIN COOK, Defendants
Federal Case #CV-S-91-946-HDM-LRL
|View this Historical video: Will the REAL Cornell Gunter's COASTERS please STAND UP?!|
|THE LIST OF THE TOP TEN FACTS|
FACT #1: Cornell Gunter was an original member, lead tenor, of THE COASTERS and inducted into the Rock & Roll Hall of Fame in January, 1987, next to founding member Carl Gardner, and fellow members William Dub Jones and Billy Guy.
FACT #2: Cornell Gunter's COASTERS was formed in the wake of an airplane incident en route to a gig in the earlier days of THE COASTERS. An engine caught fire on the runway, scaring all members except Cornell out of any desire to fly to future gigs. Cornell had no fear of flying; thus, Carl and Cornell made the agreement that Cornell would cover the West Coast and gigs that required flying as long as he never used the name THE COASTERS. He would always be known as Cornell Gunter's COASTERS. Cornell, to the best of knowledge, never breached that verbal contract with Carl.
FACT #3: Cornell Gunter's COASTERS was comprised of Cornell Gunter, Charlie Duncan and Edwin Cook for numerous uninterrupted years prior to, leading up to, and including February, 1990.
FACT #4: Cornell Gunter was gunned down in North Las Vegas, Nevada, February, 1990.
FACT #5: Charlie Duncan and Edwin Cook continued the legacy of the late, great Cornell Gunter, as they had been legitimate members of Cornell Gunter's COASTERS for 15 and 8 respective, consecutive years. They had performed on show stages all over the world with Cornell, including, but not limited to, television, show rooms, conventions, and fairs, and had begun recording an album at Paramount Studios, Del Oro Records, in Los Angeles, California, just prior to Cornell's murder in February, 1990.
FACT #6: After Cornell was murdered all of the parasites imagineable surfaced to try and steal the identity of Cornell Gunter's COASTERS. A man by the name of Billy Richards, who was never in THE COASTERS line-up, had already sued Carl Gardner, founding memeber of THE COASTERS, for the trademarked name "THE COASTERS." He first won by default the right to share the trademark, as no one showed up in court to challenge him: It was a ridiculous, frivolous lawsuit that, apparently, no one in THE COASTERS camp thought Billy could win.
FACT #7: Carl Gardner challenged the decision, sued and won back the name THE COASTERS, blocking Billy from further using the name THE COASTERS.
FACT #8: Having lost, Billy decided to sue Cornell Gunter's COASTERS for their name, instead. He lost again. BILLY RICHARDS HAS NO RIGHTS TO THE TRADEMARK "THE COASTERS" OR "CORNELL GUNTER'S COASTERS," AS YOU WILL READ IN THE FEDERAL COURT JUDGEMENT BELOW.
Edwin and Charlie countersued Billy Richards, asking for attorney's fees and were denied, which is what this judgement (below) refers to in the denial of defendants' counter claims. The basis for this part of the decision was/is the fact there was not yet a foundation of ownership of the name upon Cornell's death and when Billy Richards filed suit against Charlie and Edwin for the rights to the name.
FACT #9: This case earmarked the true ownership of the name Cornell Gunter's COASTERS subsequent to Cornell's death, establishing Edwin Cook and Charlie Duncan as the legal owners to the rights of the name, citing common law inheritance as the predominant foundation. The legal continuation of the legacy of Cornell Gunter's COASTERS by Edwin Cook and/or Charlie Duncan, the only two legitimate, living members of Cornell Gunter's COASTERS, remains. Edwin Cook has never transferred his rights of ownership to another party, nor has he ever shared ownership with anyone but Charlie Duncan, a legal contingency upon which this Final Judgement was rendered.
FACT #10 BELOW, a certified copy of the Federal Court Judgement, Federal District Court, State of Nevada, signed by the Judge Howard D. McKibben on June 7, 1993, to be forever entered and embedded on June 11, 1993, also known as Federal Case #CV-S-91-946-HDM-LRL, denied Billy Richards of any and all of his claims, including any rights to the name Cornell Gunter's COASTERS, cites also Billy's loss of any and all legal rights to the name THE COASTERS. This decision forever awarded ownership of CGC to Edwin Cook and Charles Duncan.
Page 1 in its entirety follows the certification page.
VIEW THE ACTUAL JUDGEMENT ENTERED ON PAGE 3.