ESTTA Tracking number:
`
`ESTTA1341503
`
`Filing date:
`
`02/21/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92076883
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Edward David Munoz
`
`TAREEF CHAMAA
`CHAMAA LAW LLC
`844 VALLEY ROAD
`WAYNE, NJ 07470
`UNITED STATES
`Primary email: tchamaa@chamaalaw.com
`973-204-3233
`
`Other Motions/Submissions
`
`Tareef Chamaa, Esq.
`
`tchamaa@chamaalaw.com
`
`/Tareef Chamaa/
`
`02/21/2024
`
`Exhibit A.pdf(168477 bytes )
`Exhibit B.pdf(129397 bytes )
`Exhibit C.pdf(286236 bytes )
`Exhibit D.pdf(49216 bytes )
`Exhibit E.pdf(523023 bytes )
`Exhibit F.pdf(132929 bytes )
`Exhibit G.pdf(182357 bytes )
`EXHIBIT H.pdf(106454 bytes )
`Registrant Response Brief.pdf(407870 bytes )
`
`

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`EXHIBIT A
`EXHIBIT A
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`EXHIBIT A
`EXHIBIT A
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`The Plimsouls,
`
`
`v.
`
`Edward Munoz,
`
`
`Petitioner,
`
`
`Registrant.
`
`
`
`Cancellation No. 92076883
`
`
`Registration No. 4,940,705
`
`Mark: THE PLIMSOULS
`
`
`
`
`
`
`DECLARATION OF EDWARD MUNOZ
`
`I, Edward Munoz, under penalty of perjury under the laws of the United States, declare
`
`and state as follows:
`
`1.
`
`I am the owner of U.S. Trademark Registration No. 4,940,705 and have personal
`
`knowledge of the facts stated herein. I am competent to testify to the facts stated herein, and
`
`would so testify if called upon to do so. I give this declaration in support of Registrant’s
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`Response to Petitioner’s Trail Brief.
`
`2.
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`I joined The Plimsouls in 1979. At the time, the band consisted of Peter Case, David
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`Pahoa, Louis Ramirez, and me.
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`3.
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`These four individuals performed live as The Plimsouls until the original drummer for the
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`band, Mr. Ramirez, was fired from the band by Peter Case in 1983. Mr. Ramirez never played
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`another show or recorded any music with The Plimsouls since 1983.
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`4.
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`5.
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`Peter Case subsequently left the band in October of 1983.
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`Peter Case agreed to play several live shows with the band in California and Texas in the
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`summer of 1984 with a different drummer, Charlie Quintana.
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`1
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`6.
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`Peter Case, David Pahoa, and I performed a live show as The Plimsouls on New Years
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`1985 at the Fullerton Ballroom in San Diego, California with Mike Bannister as the drummer.
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`7.
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`During that show, Peter Case left the stage to go to the bar several times, causing the
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`promoter of the show to refuse to pay the band the entirety of the agreed-upon fee.
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`8.
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`9.
`
`That was the last live show that The Plimsouls performed for over a decade.
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`In mid-January 1985, Peter Case called me on the telephone and told me that he was
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`cutting all ties with The Plimsouls to start a solo career, and the remaining members of the band
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`could have rights to the name of the band.
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`10.
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`In summer 1995, Peter Case contacted me and stated his desire to release a new album
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`and for The Plimsouls to begin performing live again.
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`11.
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`The band performed live as The Plimsouls from 1995 to 1997 with Clem Burke as the
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`drummer. A second partnership was formed as “The Plimsouls” in 1995 with the partners
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`consisting of myself, Peter Case, David Pahoa, and Clem Burke. This second partnership was
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`dissolved in 2000 (See Ex. G).
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`12.
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`In late 1997, Peter Case again left the band to pursue a solo career, and The Plimsouls did
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`not perform live between 1997 and 2005.
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`13.
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`In May 2005, Peter Case again contacted me and informed me that he had been
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`approached with an offer for The Plimsouls to perform live.
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`14. We performed as The Plimsouls at the Orange County Fair later that year with Bryan
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`Head as the drummer.
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`15.
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`The band continued to perform live as The Plimsouls for the next couple of years with
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`Bryan Head as the drummer.
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`2
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`16.
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`Peter Case’s last live performance with The Plimsouls was in August 2007 at The Galaxy
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`in Santa Ana, California.
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`17.
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`Since August 2007, Peter Case has refused any offers to perform as a member of The
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`Plimsouls.
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`18.
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`In 2014, Dave Faulkner contacted me with an offer for The Plimsouls to play the Dig It
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`Up! festival in Australia.
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`19.
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`Peter Case refused Dave Faulkner’s offer to perform as a member of The Plimsouls and
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`instead performed at the festival with a band called “The Peter Case Band.”
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`20.
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`Upon information and belief, the members of The Plimsouls formed a partnership for tax
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`and business purposes when the band signed a contract with Planet Records in the early ‘80s, but
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`that partnership was dissolved in early 1984 after Peter Case left the band in late 1983 or early
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`1984.
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`21.
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`After the partnership was dissolved, the members of The Plimsouls did not explicitly
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`form a legal partnership, either orally or in writing.
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`22.
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`Upon information and belief, The Plimsouls was never organized as a corporation,
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`limited-liability company, or any other type of enterprise organization.
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`23.
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`I have been acting as the manager of The Plimsouls and handling its business affairs
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`since the summer of 1984, including but not limited to forming the second partnership in 1995,
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`establishing bank accounts, filing tax returns, and coordinating shows and events.
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`24.
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`After a phone conversation with Peter Case in 2014 regarding offers I had received from
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`venue promoters seeking to book The Plimsouls for live performances, Peter Case explicitly
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`refused to perform as The Plimsouls and informed me that he no longer wanted to perform as a
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`member of The Plimsouls. I then waited until three years after Alive Records released a forty-
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`
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`3
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`

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`year-old archival album in 2012 of previous live performances of the Plimsouls and then filed
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`the trademark application that led to the registration at issue in this case.
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`25.
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`Since 2015, I have been the sole user of the mark “The Plimsouls,” performing musical
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`events and selling merchandise under the mark.
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`26.
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`Attached to Registrant’s Response as Exhibit D is a true and accurate copy of a May 18,
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`2017, excerpt written by Peter Case taken from Peter Case’s website.
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`27.
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`Attached to Registrant’s Response as Exhibit E is a true and accurate copy of an
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`interview given by Peter Case in January 2017 taken from journalist Devorah Ostrov’s website.
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`28.
`
`Attached to Registrant’s Response as Exhibit F is a true and accurate copy of an
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`interview given by Peter Case in February 2012 with journalist Kurt Baker.
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`29.
`
`Attached to Registrant’s Response as Exhibit G is a true and accurate copy of Form 1065
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`filed on behalf of The Plimsouls partnership for the 2000 tax year indicating that it was the final
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`such return. Upon information and belief, this is the last partnership return form ever filed on
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`behalf of The Plimsouls.
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`30.
`
`Attached to Registrant’s Response as Exhibit H is a true and accurate copy of Peter
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`Case’s Facebook Post sharing an article from Peter Case’s website where Peter Case labels
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`himself as “Ex-Plimsoul.”
`
` I
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` declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct.
`
`02/21/2024
`Dated: ______________________
`
`
`
`
`
`_______________________________
`Edward Munoz
`
`
`
`4
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`

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`EXHIBIT B
`EXHIBIT B
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`EXHIBIT B
`EXHIBIT B
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`The Plimsouls,
`
`
`v.
`
`Edward Munoz,
`
`
`Petitioner,
`
`
`Registrant.
`
`
`
`Cancellation No. 92076883
`
`
`Registration No. 4,940,705
`
`Mark: THE PLIMSOULS
`
`
`DECLARATION OF TAREEF CHAMAA
`
`I, Tareef Chamaa, under penalty of perjury under the laws of the United States, declare
`
`and state as follows:
`
`1.
`
`I am an attorney representing Registrant Edward Munoz and have personal knowledge of
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`the facts stated herein. I am competent to testify to the facts stated herein, and would so testify if
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`called upon to do so. I give this declaration in support of Registrant’s Response to Petitioner’s
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`Trial Brief.
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`2.
`
`Attached as Exhibit C to Registrant’s Response to Petitioner’s Trial Brief is a true and
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`correct copy of a screenshot from the webpage of the California Secretary of State showing that
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`there is no business entity containing the word “Plimsouls” that is organized under the laws of
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`California.
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct.
`
`2/21/2024
`Dated: ______________________
`
`
`
`
`
`_______________________________
`Tareef Chamaa
`
`
`
`1
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`

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`EXHIBIT C
`EXHIBIT C
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`Page 1
`https://bizfileonline.sos.ca.gov/search/business
`05-11-2023 15:20:02
`
`California
`SeepaTCC
`
`(AOU
`
`OMe
`
`Gapars
`
`ucc
`
`Business
`=e
`Currently, informationfor Limited Liability Partnerships(e.g. lawfirms, architecture firms, engineeringfirms, public accountancyfirms, and land surveyfirms), General Partnerships, and
`other entity types are not contained in the California Business Search. ifyou wish to obtain information about LLPs and GPs, submit a Business Entities Order paperform to request copies
`offilingsfor these entity types. Note: This search is not intended to serve as a namereservation search. To reserve an entity name, select Formson the left panel andselect Entity Name
`Reservation ? Corporation, LLC, LP.
`
`
`
`searchcriteria. Disclaimer: Search results are limited to the 500 entities closest matching the entered searchcriteria. Ifyour desired search result is notfound within the 500 entities provided, please refine
`
`Basic Search
`
`e A Basicsearch can be performed using an entitynameor entity number. When conducting a search by an entity number, where applicable, remove "C"from the entity number. Note, a basic
`search will search onlyACTIVE entities (Corporations, Limited Liability Companies, Limited Partnerships, Cooperatives, Name Reservations, Foreign NameReservations, Unincorporated Common
`Interest Developments, and Out ofState Associations). The basic search performs a contains ?keyword?search. The Advancedsearch allowsfor a ?starts with?filter. To search entities that have a
`Status other than active orto refine search criteria, use the Advanced searchfeature.
`
`Advanced Search
`
`® AnAdvancedsearch is required when searchingfor publicly traded disclosure information ora status otherthan active.
`e AnAdvanced search allowsforsearching byspecific entitytypes (e.g., Nonprofit Mutual Benefit Corporation) or byentitygroups(e.g., All Corporations) as well as searching by ?begins with?specific
`
`the searchcriteria using the Advancedsearchfunction for additionalresults/entities. The California Business Search is updated as documents are approved. The data provided is not a
`complete orcertified record.
`
`Although every attempt has been madeto ensurethat the information containedin the database Is accurate, the Secretary ofState's office is not responsible for anyloss, consequence, or
`damageresulting directly or indirectlyfrom reliance on the accuracy, reliability, or timeliness of the information that is provided. All such information is provided "as is." To order certified
`copies orcertificates ofstatus, (1) locate an entity using the search;(2)select Request Certificate in the right-handdetail drawer; and (3) complete your request online.
`plimsouls
`C3
`Advanced v
`
`No results were found for "plimsouls"
`Try your search again with differentfilters or a different search term.
`
`

`

`EXHIBIT D
`EXHIBIT D
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`EXHIBIT D
`EXHIBIT D
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`Music – Peter Case
`
`6/30/21, 1:48 AM
`
`This cd can be found at https://www.amazon.com/Let-Now-Praise-Sleepy-John/dp/B000RPCEDE It was
`nominated for a Grammy™ and it’s one that I’m very proud of.
`
`
`
`
`
`
`
`
`
`More »
`
`A Walk In The Woods At Ben Frank’s.
`
`May 18, 2017 • As Far As You Can Get Without A Passport, Music, On Songwriting • 20 Comments
`
`I’d left the band. I was disorganized in that cottage up there in the canyon, living alone, banging on the
`piano I’d rented, with records scattered all over the couch and floor, and notebooks too. All I did was write
`and demo songs. There was never anything in the refrigerator except beer. On the shelf were boxes and
`boxes of sake. And I powered down coffee like mad when I wasn’t drinking beer or wine, sake or brandy.
`Not being much of a cook, I took all my meals out, down on Sunset Boulevard usually, at one of the
`places down there. My two favorites were Ben Franks’s twenty-four hour diner, and the famous natural
`food restaurant The Source, where I could pretend I was doing great things for my health.
`
`One night I was sitting in a booth at the Source, picking at an avocado, beet, and bean sprout salad, when
`I realized Muhammad Ali was seated at the very next table, in discussion with a number of men. I listened
`in, couldn’t help it, and from what I could pick up, straining my ears as best I could, the guys were from
`the Olympic Committee, doing their best to convince the Champ to host the Olympic Boxing that was
`coming up in LA later in the Summer. I was trying to be cool, and not let on I was eavesdropping, but I
`nearly fell out of my seat when I heard Ali tell them, “I threw my medals in the river.” He was turning them
`down, and they were beseeching him. His no was solid, no matter how they begged, and finally he got up
`to walk out, right past my table. He was big as life, looking very strong, totally cool, and he winked at me
`as he walked out.
`
`Another time I was up at Ben Frank’s restaurant in the small hours of the morning, sitting at the counter
`drinking cup after cup of the bad coffee they served there. David Bowie was just a few seats down from
`me at the counter, wearing a khaki coloured jacket, drinking the coffee too, leaning on his elbows and
`absently chain smoking, looking off into the imaginary distance. No one else seemed to notice him there,
`or seemed to care. That’s the way it was in Hollywood, it still had a few surprises left in it back then.
`
`I was studying songwriting, trying to catch a ride to the next level, looking to tap secret power, pouring
`over the Song Of Solomon in the Old Testament, Robert Browning, the complete Hank Williams
`catalogue, and the ABC of Reading by Ezra Pound. EP laid it down as “dichten = condensare,” poetry as
`concentrated verbal expression. To condense. Highly charged language was the goal. Every word, every
`note is important to the whole. Whenever I saw the word poetry I read the word “songs.” I was consciously
`trying to expand my mind on the subject. I had a box set of Lotte Lenya singing the Brecht-Weill songs
`from Three Penny Opera and Mahogany, and I followed the lyrics in print in German and English. I was
`developing a love for condensed, colorful , concrete language. The best songs told their story by
`referencing the world of people and things directly, vividly evoking the senses. Dylan’s records reflected
`all of this in a big way. And I was digging Howling Wolf, Muddy Waters, Sonny Boy Williamson, plus all the
`pre-war blues, and somewhere in there I was still working on the lessons I’d learned as a street singer, as
`
`http://web.archive.org/web/20170707192601/http://petercase.com/category/music/
`
`Page 10 of 18
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`EXHIBIT E
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`Tales From a Former Fanzine Journalist: The History Of Peter Case Part 2: The Plimsouls
`
`4/29/21, 12:13 AM
`
`More
`
`Create Blog Sign In
`
`T u e s d a y , 1 7 J a n u a r y 2 0 1 7
`
`The History Of Peter Case Part 2: The Plimsouls
`
`Followers
`
`Followers (74) Next
`
`Originally published in Teenage Kicks #2 (Fall 1997)
`By Devorah Ostrov
`
`In our last issue, we
`traced Peter Case's
`career with seminal
`power pop band the
`Nerves, whose
`lineup included Jack
`Lee on guitar and
`Paul Collins on
`drums.
`
`After the Nerves
`disintegrated in
`early 1978, Case
`and Collins
`continued to work
`together as the
`Breakaways.
`Although short-lived
`("It lasted about a
`month," states Case.
`"We played the
`Whisky once, that was it.") the band did record "eight or nine" tracks. Two Breakaways'
`tunes, "One Way Ticket" and an early version of "Walking Out on Love," can be found on the
`excellent Bomp Records compilation The Roots of Powerpop. "Walking Out on Love" would
`later turn up on the Beat's debut album along with "U.S.A.," another song originally by the
`Breakaways.
`
`Back cover of the "Zero Hour" EP
`
`Amongst other things, the Breakaways suffered from an unstable lineup. "We had a bunch of
`different guitarists," acknowledges Case. In his opinion, the rhythm section was also weak. "I
`wanted to get off bass and I wanted Paul to get off drums," he says. At Case's urging, Collins
`switched to lead guitar, becoming the group's true frontman. Case took up rhythm guitar,
`Mike Ruiz and Steve Huff were recruited on drums and bass respectively, and the group's
`name was changed to the Beat.
`
`Still, tension between the two principal band members led to Case's departure before the
`Beat was signed to CBS Records. According to Case, "Some problems went down, and I didn't
`
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`https://devorahostrov.blogspot.com/2017/01/the-history-of-peter…d=IwAR2vnQnrzQcPD2ily15L8qmbnVIJpQ99AH47kf6-kcysIXpoMKuFRKCPU8w
`
`Page 1 of 10
`
`D002
`
`

`

`Tales From a Former Fanzine Journalist: The History Of Peter Case Part 2: The Plimsouls
`
`4/29/21, 12:13 AM
`
`The Standells:
`Banned In
`The USA!
`
`John
`Mendelssoh
`n: The Rock
`Critic &
`Musician
`Recal...
`
`The History Of
`Peter Case
`Part 2: The
`Plimsouls
`
`The History Of
`Peter Case
`Part 1: The
`Nerves
`
`The
`Babysitters:
`A Really
`Rough
`Guide To
`London
`
`► 2016 (3)
`
`want to work with Paul anymore. I just wanted to do my own thing. I let him have the Beat,
`and I went off and put my own band together."
`
`Except it wasn't really that easy. For a year, Case kicked around LA, writing songs, painting
`houses, working "weird jobs." He even joined 20/20 "for a day." And he ran ads in music
`papers. "I knew Carla Olson [from the Textones] and Kathy Valentine [ex-Textones, soon-to-
`be Go-Go]. We were all running ads trying to start bands. We were going through thousands
`of people, and we'd always compare them."
`
`Geffen Records publicity photo
`
`Although he didn't know him well, Case was also acquainted with drummer Lou Ramirez.
`"He'd been over to my house a couple of times," recalls Case. "I think I might have met him
`through a want ad." Ramirez and his bassist friend Dave Pahoa had a regular gig backing a
`blind guitarist named Doc at a bar in El Monte. One night Ramirez invited Case to join them.
`
`Things went brilliantly for several shows, with Case mixing in some rock 'n' roll and rockabilly
`with Doc's usual country repertoire, and alternating sets allowed the threesome to work out
`some originals. Plus, they got free beer.
`
`Legend has it, one night they answered a request for "Polk Salad Annie" and delivered a rave-
`up version. "Hell-bent, lying on stage!" was how Case once described it. The bar's owner,
`sober for a change, freaked when he saw the guys going nuts and fired them.
`
`In reality, only Case was fired, but the rest of the story holds true. "We did get way outta
`hand on 'Polk Salad Annie' quite a few times. We used to do a lot of feedback and noise...
`smash stuff! The boss came in one day and said, 'Pete's on acid.' He told David, 'We can't
`have Pete anymore.' David said, 'Well, we quit.'" For the record, Case wasn't on acid — that
`night.
`
`Case, Ramirez, and
`Pahoa stayed
`together, debuting
`as the Plimsouls for
`a performance at
`the Camarillo State
`Mental Institution
`(as openers for the
`Angry Samoans).
`Gigs in LA proper
`soon followed — at
`Club 88, Madam
`Wong's, and the
`Hong Kong Café.
`
`The group's moniker,
`a British expression
`for sneakers, was
`
`Publicity photo
`
`https://devorahostrov.blogspot.com/2017/01/the-history-of-peter…d=IwAR2vnQnrzQcPD2ily15L8qmbnVIJpQ99AH47kf6-kcysIXpoMKuFRKCPU8w
`
`Page 2 of 10
`
`D003
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`

`

`Tales From a Former Fanzine Journalist: The History Of Peter Case Part 2: The Plimsouls
`
`4/29/21, 12:13 AM
`
`Case's idea. (He
`mentions having put together another outfit called the Plimsouls shortly after leaving the
`Beat, but that long-forgotten lineup never played live.) However, he's somewhat ambivalent
`about the name these days. "It's lightweight. It doesn't really mean anything, except that we
`like soul music. That's all it means. We named it that because the other groups were like the
`Cars — real obvious. And we hated that! So, we called it the Plimsouls. I guess it's a cool
`name."
`
`Even though he can't remember exactly when it was, Case does know where he met guitarist
`Eddie Munoz. "It was at a Flamin' Groovies show at the Starwood." (He also recollects that
`the show was in promotion of the Groovies' Now album, which puts it sometime in 1978.)
`And according to Case, Munoz was considered a Plimsoul as early on as their first rehearsal.
`But Munoz, an Austin native who repaired guitars for a living, had to postpone joining the
`group while he worked as a guitar roadie on the Elvis Costello/Nick Lowe Armed Forces tour.
`His first appearance with the Plimsouls wouldn't be until they played Gazzarri's a year later.
`
`Meanwhile, the three-piece group (reportedly on a budget of "something like $300") entered
`the studio to record the "Zero Hour" EP, which was released in 1980 on the very indie Beat
`label. "The label was this guy Steve Zepeda," says Case, "who lived with his mother in Long
`Beach. He lived in the garage, y'know."
`
`Beat Records advertisement for the "Zero Hour" EP
`
`Produced by the band's manager, Danny Holloway (introduced to them by Zepeda, his prior
`production credits included the Heptones' Night Food), the five-song EP featured the
`effervescent "Great Big World," and a nifty cover of Otis Redding's "I Can't Turn You Loose" as
`well as the rockin' "Hypnotized" and "How Long Will It Take?" Case wrote the bopping title
`track while he sat in a car waiting for his girlfriend. "I was trying to catch a train," he says of
`the song's inspiration. "So, I was mad!"
`
`The EP sold well in Los Angeles, and KROQ's Rodney Bingenheimer played "Zero Hour"
`repeatedly, turning it into a regional hit. Overnight the Plimsouls became local superstars!
`"Before the EP we were making $150 a night playing pubs," muses Case. "We would take the
`bus to Santa Monica, with our amps, to play this pub called the Londoner. Then all of a
`sudden, we were packing the Starwood!"
`
`And the Plimsouls appealed to all types, as Case told one rock 'zine: "We get everybody at
`our gigs: punks, skinny-tie college-types, bi's, tri's. You never have to worry about what to
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`wear to a Plimsouls' show..."
`
`"That was true," he confirms. "There
`would be punk rock people... I know
`the Circle Jerks were Plimsouls fans.
`And I just found out that Brett from
`Epitaph Records was a Plimsouls fan.
`All kinds of people were Plimsouls
`fans. On a lot of different levels,
`people were into it."
`
`With all the hoopla surrounding the
`EP, their decision to sign a two-album
`deal with small-time Planet Records
`(an Elektra offshoot whose roster
`included, says Case, "nobody you've
`ever heard of") was a strange one.
`Case still can't explain how it came
`about: "It's a good question, really. I'm
`not sure, y'know. They just got real
`interested. They really wanted to sign
`some new bands. After [the success
`of] the Knack, they probably wanted a
`'new wave' band and thought we fit
`the bill."
`
`Planet advertisement for the "Now" 45
`
`In 1981 Planet released the group's
`self-titled debut, with Holloway again acting as producer. The opening R&B infused "Lost
`Time" featured a horn section arranged by New Orleans great Harold Batiste, while other
`tracks bounced ("In This Town" and "Hush, Hush"), swaggered with a country tinge ("I Want
`You Back"), and provided a rush of adrenaline ("Everyday Things"). Combined with the mid-
`period Beatles feel of "Now," the finely crafted "I Want What You Got," and the note-for-note
`remake of "Zero Hour," the album showcased their exceptionally wide-ranging skill.
`Meanwhile, two covers — the Easybeats' "Women" and Wilson Pickett's "Mini-Skirt Minnie" —
`neatly highlighted the Plimsouls intertwined pop and soul influences.
`
`Planet issued "Zero Hour" as a 45 (b/w a live cover of "Dizzy Miss Lizzy" and a live take of
`"Hush, Hush"), which did okay in LA, but went nowhere nationally. A follow-up single of
`"Now" b/w an instrumental version of the old Nerves' tune "When You Find Out" (sounding
`very surfy) didn't fare much better. But it did garner an appraisal from Trouser Press'
`celebrity guest reviewer Billy Idol, who grumbled: "I don't really like this kind of American-
`sounding record... It's very professional — or sounds it." And, possibly due in large part to a
`lack of promotion by the record company ("There was no promotion, absolutely none," says
`Case), outside of a few major California cities, the LP didn't sell at all. Through sheer force
`of will, it climbed to #153 on the Billboard chart.
`
`Nevertheless, a cross-country tour went well. (A live recording of their Cleveland show,
`dubbed One Night in America, is perhaps a better document of the group during that period
`than the studio album. "It's a lot more exciting!" asserts Case.) And they got some favorable
`write-ups in the national rock press.
`
`In his Trouser Press
`article, Jim Green
`enthusiastically
`described the
`Plimsouls' sound: "Ah
`yes. The ringing
`guitars, simple
`rocking beat —
`definitely American
`but with a twist of
`Limey-philia."
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`But he also brought
`up some sore spots.
`One was the evil
`Knack and the
`enormous hype
`build-up/backlash
`that was sucking up
`all other LA pop
`bands in its wake.
`"We ain't just
`another Knack," Case
`seethed back then.
`"We're real different
`— in motivation,
`content, approach...
`Sure, you can make
`superficial
`comparisons, and
`people do it before
`they hear us, see us
`live."
`
`Sixteen years later,
`Case recalls a
`proposed anti-Knack
`photo shoot: "We were gonna take a picture of the Plimsouls with machine guns and call it
`Get the Knack!" With a vicious chuckle, he adds, "Would've been good."
`
`Live! Beg, Borrow & Steal (Alive Records - 2010)
`
`Point number two was the slick sound of the LP, which Billy Idol had referred to in his review
`of the "Now" 45. Green treated the dilemma delicately, saying that the band was
`"displeased... inasmuch as it was cut in the conventional, fragmented manner of laying down
`backing tracks and then overdubs, making for less spontaneity than they would prefer." He
`then immediately stated that "some of the album retains their live R&B grit, and onstage the
`Plimsouls are hotter than ever."
`
`Today Case can be more candid in his assessment: "It got ruined in the mastering. Planet had
`really taken the guts out of it. Somebody was afraid of how it sounded, and they ruined it
`right before it came out. Which was a real great surprise! They said, 'Here's your record.' And
`I remember me and Eddie were both holding our chests; we were both doubled over in pain.
`We were having dual anxiety attacks, going, 'Oh my God! They've ruined it.'"
`
`(The Rhino Records CD reissue, Plimsouls... Plus, includes a re-mastered version of the
`entire first album and features a much superior sound quality. "I was pleasantly surprised
`when I got the tapes," comments Case. "They redid it, really made it a lot better.")
`
`Photo from Trouser Press - August 1981
`
`Once back from the tour, Case asked Planet to release the group from its deal. Although
`there was one more album to go on the contract, the record company didn't argue. Planet
`clearly thought the Plimsouls were a lost cause; for his part, Case didn't trust Planet to
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`handle something new the band was working on called "A Million Miles Away."
`
`The song actually dates from some months earlier. Case and his friend Chris Fradkin had
`gone to see the Germs (one of Darby Crash's last shows). Afterwards, they stopped off at a
`bar and Case, still reeling from the death of John Lennon and a recent break-up with his
`girlfriend, poured out his feelings of loneliness on a napkin:
`
`"Friday night I'd just got back
`I had my eyes shut
`Was dreaming about the past
`I thought about you while the radio played
`Should've got moving
`For some reason I stayed
`I started drifting to a different place
`I realized I was falling off the face of the world
`And there was nothing left to bring me back..."
`
`Later, the two went to the apartment of another friend, Joey Alkes, where a massive hook of
`a chorus...
`
`"I'm a million miles away
`A million miles away
`I'm just a million miles away
`And there's nothing left to bring me back today..."
`
`was paired with an exuberant rhythm track and a Ventures-meet-the-Byrds guitar riff to
`finish a rough mix of the destined-to-be classic tune.
`
`The prolific threesome (who had previously collaborated on "Now" and "Hush, Hush") wrote
`several other songs that evening — and then forgot about the tape "for quite a while."
`Finally, Munoz got a hold of the tape, and chose "A Million Miles Away" as the one they had to
`learn.
`
`Released in April 1982 as a 12"
`single (backed with the equally
`wonderful "I'll Get Lucky") on the
`group's own Shaky City label (with
`distribution through Bomp
`Records), "A Million Miles Away"
`blasted forth from radios across
`the country. "It was a huge radio
`hit!" exclaims Case. "It was a hit
`in San Francisco, San Diego,
`Atlanta, Boston, New York,
`Texas..."
`
`And in Los Angeles, the Plimsouls
`pretty much ruled the airwaves. "I
`remember driving to a gig in LA,"
`says Case, "and I turned on the
`radio — it was playing on all four
`of the stations I turned to!"
`
`The band was selling out the Roxy
`night after night, and it quickly
`became apparent that they
`needed help handling the monster
`they'd created. "We felt like we
`just couldn't meet the demand that was going on with the record," explains Case, adding
`that releasing an LP on Shaky City was, at most, a brief consideration. "I didn't wanna be in
`the record business," he states.
`
`Planet Records publicity picture
`
`On the strength of "A Million Miles Away," the Plimsouls were picked up by Geffen Records,
`then seen as a small label. "They only had a few acts, like John Hiatt, who was a friend of
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`ours. And we thought that it might make sense to be with John. Of course, it didn't. But
`that's what we thought."
`
`Case terms the months preceding their Geffen signing as "the winter of our discontent," but
`maintains that it was "actually a really good period for the Plimsouls. We were just hanging
`out, writing, playing music all the time, rehearsing five or six days a week." During this
`interval, Case wrote most of what would become the Everywhere at Once LP, and "half or
`more" of the songs were recorded through Shaky City.
`
`So, with the
`inclusion of one
`track lifted from the
`"Zero Hour" EP (a re-
`recorded version of
`"How Long Will it
`Take?"), "A Million
`Miles Away" and its
`B-side, plus two
`well-chosen covers
`(the Equals' "My Life
`Ain't Easy" and
`Mouse and the Traps'
`"Lie, Beg, Borrow,
`and Steal"), it
`should have been
`straightforward for
`Geffen to rush-
`
`Photo used for Beach Town Confidentia