By Salma El-Sakka
A legal dispute sparked by Brexit has reached the UK High Court, where former Commodores guitarist Thomas McClary lost his bid to register a UK trademark for the band's name. The ruling upholds a 2025 decision by the UK Intellectual Property Office that denied McClary's company, Fifth Avenue Entertainment LLC, the right to exclude the group's current lineup from touring as The Commodores in Britain.
High Court ruling
Mr Justice Richards dismissed McClary's appeal, stating that his company sought to shut out the opposing party, Commodore Entertainment Corporation (CEC), which had used the name "Commodores" in the UK for over 30 years. The judge noted that McClary had not demonstrated ownership of goodwill in the name to the exclusion of CEC, which has managed the band's musical business since 1984.
Background of the dispute
The Commodores, formed in Alabama, rose to fame in the 1970s and 1980s with hits such as "Three Times a Lady" and "Easy." Co-founder Lionel Richie left for a solo career in 1982, followed by McClary in 1984. In 2014, McClary launched a European tour under "The Commodores featuring Thomas McClary," prompting a legal clash with the band's active lineup led by founding member William King.
Brexit impact on trademark rights
McClary's company had secured an EU trademark in 2014, but after Brexit, UK rights were contested. CEC, which holds a US trademark from 2001 and obtained a US injunction against McClary in 2014, argued that its goodwill in the name resided in the UK. The UK Intellectual Property Office agreed, finding that CEC owned sufficient goodwill to block McClary's UK registration.
Current band lineup
The Commodores today consist of original member William "WAK" King, Brent Carter, Cody Orange, and Colin Orange, the latter two being sons of former member Walter Orange. The group has sold over 70 million albums worldwide and won a Grammy in 1986.
