David Cassidy on the Web
Hackett, Cassidy pack punch
May 20, 2005
By Jerry Fink
www.lasvegassun.com
Sandy Hackett reacted bitterly and sarcastically when he learned that a series of lawsuits had been filed against him and others Tuesday by David Cassidy over alleged trademark and copyright infringement of a Rat Pack tribute show.
"His assertions are a pathetic attempt to bully me at the expense of some very talented performers," said Hackett, creator of "A Tribute to Frank, Sammy, Joey and Dean" at Greek Isles.
Before "A Tribute ..." premiered in June 2002, Hackett auditioned for Cassidy's show -- "The Rat Pack is Back!" -- but failed to get a part.
"The fact that I never worked in his show is a blessing," Hackett said. "He is a pathetic writer -- he's certainly not funny; he should stick to singing."
Hackett, who plays the role of Joey Bishop in the production at the Greek Isles, says all of the material in his show is based upon actual Rat Pack performances.
Cassidy counters that Hackett took liberally from "The Rat Pack is Back!" which is not based upon reality, but rather is a creative piece.
"It's a play with actors," Cassidy said during a telephone interview from his home in Florida.
Hackett denies he took anything from Cassidy's production.
"I went back to the source material -- the real guys -- to create my show," he said.
However, Cassidy said he sent someone to videotape Hackett's show a month ago to make his case.
"It was shocking to me how much of it he had borrowed, to say the least," Cassidy said. "He takes the same actors, the same characters, a lot of the same sequencing -- verbatim dialogue and jokes."
Cassidy and producer Don Reo, creators of "The Rat Pack is Back!" -- a production that played at the old Desert Inn in 1999-2000 and at the Sahara in 2001-2002 -- filed suit in federal district court in Las Vegas against Hackett, TRP Entertainment (a partnership of Hackett and Dick Feeney) and the Greek Isles.
The plaintiffs have asked for an injunction to stop performances of Hackett's production until a jury trial can be held. They are seeking compensatory and punitive damages.
Suits were also filed Tuesday in Missouri against Branson Variety Properties Inc., Branson Mall Realty, LLC, TLMD Inc., and Direct From Vegas Productions Inc. and its principal, Steve Apple.
According to Cassidy, Apple (who once played the role of Dean in Cassidy's production in Las Vegas) has been starring in and producing a competing show in Branson, first at the Branson Variety Theater and, more recently, at the Branson Mall Music Theater.
The Missouri complaint alleges "federal trademark infringement, false designation of origin, cybersquatting, and unjust enrichment and misappropriation."
Cassidy says lawsuits might be filed in other jurisdictions and against other individuals who have been violating his rights to trademarks and copyrights related to the Rat Pack production.
Cassidy alleges the title "The Rat Pack is Back!" is trademarked and that Hackett has used the similar phrase "The Rat Pack Returns" in advertising, creating confusion.
And he claims Hackett has used ads that blatantly copy his own.
"There is Joey Bishop and the rest of the cast all holding drinks, in tuxedos, clicking glasses," Cassidy said. "That was our commercial, our ad, our billboard. There is no question there is infringement and we have been damaged by it."
Hackett says Cassidy thinks he owns the Rat Pack.
"The Rat Pack was around long before him," Hackett said. "It should be in the public domain -- it's like trying to copyright 'The Beatles' or 'World War II.' "
According to Cassidy three of the cast members from his production -- Henry Prego as Frank, Louis Velez as Sammy and Rick Michel as Dean -- were hired by Hackett for his show.
"To say I hired away his guys is press release stuff," Hackett said. "Prego quit Mr. Cassidy's production; and Mr. Velez worked for Mr. Cassidy on a minimal basis. Neither one was in his employ when the show closed at the Sahara."
Neither Hackett nor Cassidy respects the other's productions.
"(Cassidy) states in a press release his show 'played to sold-out crowds and critical and popular acclaim through its run at both the D.I. and at the Sahara,' " Hackett said. "If it sold out, why are they not there anymore?"
Cassidy, who lived in Vegas six years, says the reason the production no longer is in Las Vegas is because he moved to Florida in 2003 and couldn't be near the show to supervise.
Hackett says Cassidy grossly misrepresented Joey Bishop in "The Rat Pack is Back!"
"I created something that would honor my friend, and show Joey in a positive light," Hackett said. "He was the comic genius behind the laughter in the Rat Pack, and if Mr. Cassidy had done his research he would know for himself where the laughs in that show emanate from.
"Our production is far superior than his creation -- all of the dialogue was taken off CDs: I interviewed Joey and my dad (the late Buddy Hackett)."
Hackett says he feels a particular kinship with members of the Rat Pack.
"It's almost my lineage," he said. "I have great respect for every one of those performers."
Hackett says his show was created in honor of Bishop.
"I have a licensing agreement from Joey," he said. "I have Joey Bishop's blessing, an endorsement to play him."
Nevertheless, Cassidy says he will defend his trademark.
"Our corporation has done everything it could do in creating an original, live show and we will go as far as we have to go to protect it," he said.
Cassidy says since leaving Vegas he has produced his show across the country, mostly at casinos, and in November will take it to New York.
"It will play off-Broadway, permanently," he said.
Eventually, he said, he will bring the show back to Vegas.
Hackett says Cassidy is chasing him and his partners because they have a successful show.
"And he wants a piece of it."
