Beatles tribute bands battle over name

A Tennessee-based Beatles tribute band today filed a federal lawsuit against a Carnegie venue and at least six area musicians, claiming that they improperly appropriated the name "GetBack" to promote their own version of the Fab Four.
Jack Petrilla, of Nashville, said in the civil complaint filed in the Western District of U.S. District Court that he bought the service mark GetBack from its holder in 2000. It is drawn from the song "Get Back," which appeared on the Beatles' last album, Let It Be.
Mr. Petrilla then used the term to publicize his Beatles cover band, also known as the Petrilla Band, internationally and nationally, including an appearance at last year's Pittsburgh Three Rivers Regatta, according to the complaint.
In 2008, Mr. Petrilla became aware of a local sextet called "Get Back: A Beatles Tribute Band" with Cefalo's Restaurant in Carnegie as its home base, the complaint said. The band's versions of John Lennon and Paul McCartney are Tom Flaherty of Valencia and Lou Valli of Mt. Lebanon.
Mr. Petrilla then wrote to Cefalo's and the members telling them to stop using the name.
Nonetheless, Mr. Petrilla spotted an advertisement for a Nov. 27 show that still used the name "Get Back," and a Web site for the band, which is still online. He sued Cefalo's, its owners, and the band members for trademark infringement and other civil violations. Downtown attorney Henry M. Sneath authored the complaint.
Leonard Cefalo, the restaurant owner, said he did not believe he was at fault for any trademark violation.
"If you're a band member, and you want to book a band here at Cefalo's, and you tell me your name is ABC Band, I'm going to put out that ABC Band is going to play here," he said. "Do you think I should have to research any band to see if they have a title to their name?"
The case has not yet been assigned to a judge.

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