David Cassidy on the Web
If you can't beat 'em, root for 'em
September 21, 1999
By John Katsilometes
www.lasvegassun.com
For the estate of Frank Sinatra, the show must go on. The show in question is the popular tribute "The Rat Pack Is Back" at the Desert Inn.
Contrary to reports in major newspapers from both coasts, Sheffield Enterprises, which is owned by Sinatra children Tina, Nancy and Frank Jr., does not want the show to halt production after filing a federal trademark infringement lawsuit earlier this month.
The reason is simple -- the Sinatra estate is seeking what in legal terms is known as "compensatory damages" (in other words, money) for alleged infringement upon the Sinatra name and likeness. Obviously the most effective way to reap financial reward from a lounge show is to have that show remain in production. So in a contradictory bit of strategy, the Sinatra estate is planning to take the show to court while concurrently hoping for sellouts in the 330-seat Starlight Lounge.
We'll root for ya, then we'll sue your brains out.
Sinatra's estate is flying solo so far, as the estates of the other Rat Packers depicted at the D.I. (Dean Martin, Sammy Davis Jr. and Joey Bishop) have yet to file suits independently and are not part of the Sinatra lawsuit.
Sheffield Enterprises is represented by Las Vegas attorney Mort Galane, known as a savvy and experienced trial lawyer. Through Galane, Sheffield filed suit not against show producers David Cassidy and Don Reo, but against the hotel itself for using names like "Old Blue Eyes" for drinks and marketing souvenirs bearing "The Rat Pack Is Back" logo, which is four silhouetted figures that look like Sinatra and the boys circa 1960.
There is a chance the hotel will be represented by Cassidy and Reo attorney Mark Tratos. Tratos is familiar with estate litigation and is the author of the Nevada "right of publicity" statute that protects tribute shows throughout the state. Retaining Tratos, who represents the estates of Malcolm X and James Dean, would be a good move for the D.I., but that decision won't be made until the end of this week at the earliest.
Cassidy has been busy defending the show since Tina Sinatra first threatened litigation back in July. His only comment last week, made through an assistant, was "This is somewhat sad."
Both sides are free-floating at the moment with no time frame in place as to when the suit might reach court. But Galane has said the case could set precedent in Nevada, and if the Sinatra estate indeed winds up winning the case (which legal experts say is a long-shot proposition), performers ranging from Rich Little to Danny Gans to Kenny Kerr can feel a bit uneasy.
The Sinatra-Desert Inn legal wrangling could prove to be as entertaining as anything those performers produce on stage. If the Rio had rights to the trial, it'd be selling tickets at $99 a pop.
