the following reasons, the defendants’ motion for summaryjudgment on Marshak’s false designation of origin claim isgranted, while Marshak’s motion for summary judgment on hisfalse designation of origin claim is denied.BackgroundThe following facts are undisputed, unless otherwise noted.In 1961, Motown Records Corporation (“Motown”) had one of itsfirst major hits with the song “Please Mr. Postman,” recorded bya new singing group called The Marvelettes.
The group beganlife as the “Can’t Sing Yets”, five high school girls fromInkster, Michigan, including Schaffner, Horton, Georgia Dobbins(“Dobbins”), Juanita Cowart (“Cowart”), and Georgeanna Tillman(“Tillman”). According to Schaffner, after the Can’t Sing Yetsperformed at an Inkster High School talent show in early 1961, ateacher arranged a Motown audition for the group in Detroit.The group impressed Motown executives at the audition, whoinstructed the girls to return with an original song to perform.In response, Dobbins wrote “Please Mr. Postman”. After hearingthe group perform the song, Motown offered to sign the group toa recording contract.
Unless otherwise indicated, this Opinion will use the term “TheMarvelettes” to refer to the original singing group thatrecorded and performed between 1961 and 1969, and whose membersincluded Schaffner and Horton.