District court opinion

"Moreover, having listened to the recordings by The Kingsmen submitted as exhibits to the Court, including the original recording of Louie, Louie, we stress the ensemble nature of The Kingsmen's music. Although the listener can discern the lead singer from the background vocals and music on a number of Kingsmen songs, the group's "sound" is clearly a collective one. No one member of the group can be singled out as representing the essence of The Kingsmen's performing style. Given the evidence referred to above and the nature of The Kingsmen's recordings to which we have listened, we find as a fact for purposes of this preliminary proceeding that the five plaintiffs herein constitute the band known to the public as The Kingsmen and therefore have standing to sue under the Lanham Act." (p. 182)