Thomas McClary (born October 6, 1949) is an American guitarist, singer, songwriter, and record producer best known as the founder and lead guitarist of The Commodores. He is credited with creating the signature sound of The Commodores' original music.
Video Thomas McClary (musician)
Early life
McClary was born in Eustis, Florida, in 1949. He became one of the first African-American students to integrate the Florida school system prior to the enforcement of Brown v. Board of Education. McClary began playing music at a very early age, starting with the ukulele and then adding the acoustic guitar and later the electric guitar to his repertoire. After graduation, McClary went to college at Tuskegee University in Alabama where he majored in business.
Maps Thomas McClary (musician)
Career
As a student at Tuskegee, McClary met Lionel Richie in the registration line. The two became friends and in 1968 they began to put together a band which they called The Mystics. McClary played the lead guitar and, early on, shared in the lead vocals. The group played local gigs then added more members and changed their name to the Commodores. In 1972, McClary and the Commodores signed with Berry Gordy and Motown Records.
McClary spent 15 years as the lead guitarist for the Commodores while also participating in songwriting, producing, and lead-vocal duties. His guitar solo in the Commodores song "Easy" was called "one of the best solo guitar performances of all time" by writer Dave Thompson. While with the Commodores, McClary wrote two songs by himself, including "Cebu" and "Sexy Lady" (the latter he sings lead vocals on) and collaborated with Lionel Richie to write many more, including "Flying High", "Come Inside", "High On Sunshine", "Girl, I Think the World About You", "Midnight Magic", "12:01 A.M.", "Got To Be Together", "Wake Up Children", "Funny Feelings", "Heaven Knows", "Won't You Come Dance With Me", "Visions", "Hold On" and "Free".
Among the many songs McClary co-wrote with the Commodores as a group are, "Brick House", "Slippery When Wet", "I Feel Sanctified", "Too Hot ta Trot", "Ooo Woman You" (with Melissa Manchester, in which he also sang lead vocal), "Welcome Home" (with Bill Champlin), "You Don't Know That I Know", "Let's Get Started", "Time", "Captured", "Celebrate" (with Larry Davis and Harold Hudson), "Saturday Night" and "Keep On Taking Me Higher" (with Harold Hudson).
McClary's musical influence then moved outside of just The Commodores. From the Endless Love soundtrack, he co-wrote (with Lionel Richie) "Dreaming of You" which was performed by Richie and Diana Ross as well as Kenny Rogers' "Without You In My Life". Another was the track "Steam Room" off of "Jayne Kennedy's" Complete Exercise Program. McClary co-wrote and produced multiple songs for the 1980s pop group "Klique's" album Try It Out (one of which was "Stop Dogging Me Around" which became the #1 song on the Black Contemporary Charts") and "Love Circles". McClary also co-wrote and produced four songs for bassist Michael Henderson's popular Fickel album.
After leaving the Commodores in 1984, McClary signed a solo contract with Motown and the following year released a solo album titled, Thomas McClary, which featured the popular single "Thin Walls" that climbed to #57 on the "Billboard R&B chart".
In 1986 McClary returned to Florida and turned to his Christian roots by becoming the music director of his church and forming a gospel music record label under which he released the 2008 album titled A Revolution Not a Revival. In 2014 McClary began recording and performing with the newly structured band called The Commodores featuring Thomas McClary.
On July 6, 2014, a band including McClary calling themselves the "Commodores featuring Thomas McClary" played a concert at the West Hampton Beach Performing Arts Center in New York including many of the hits identified with The Commodores, including opening their performance with "Lady You Bring Me Up," and performing "Night Shift," "Easy," "Crazy," "Three Times a Lady," "Brickhouse," "Sweet Love," "Sail On," "Dancing on the Ceiling," and "Too Hot To Trot."
On August 18, 2014, Commodores Entertainment Corporation ("CEC"), an entity owned by William King and Walter Orange, filed a Federal Court Complaint in the Middle District of Florida against McClary and Fifth Avenue Entertainment, Inc. ("Fifth Avenue") for trademark infringement, dilution, passing off, false designation of origin and various Florida state law claims arising out of and in connection with their unauthorized use of the service marks including "The Commodores" (the "CEC Marks") in connection with the performance of live music and musical recordings as a musical group called "The Commodores featuring Thomas McClary."
On October 9, 2014, this Court entered an Order granting CEC's Motion for Preliminary Injunction and Memorandum of Law in Support (the "Order"). (Doc. 56). The Order provides that "Effective October 20, 2014, Defendant is RESTRAINED and ENJOINED, pending further determination by this Court, from using any of the Marks at issue in a manner other than fair use, including under the name "The Commodores featuring Thomas McClary" or "The 2014 Commodores." " Id. (emphasis in original)
On December 23, 2014, CEC filed a Motion for Clarification of the Scope of Preliminary Injunction and Incorporated Memorandum of Law (Doc. 136) (the "Motion for Clarification"). The Motion for Clarification sought the Court's guidance with regard to Defendants' ability to market themselves outside of the United States in violation of the Preliminary Injunction as a variation of "The Commodores" or "the Commodores featuring Thomas McClary." The Court entered an Order granting the Motion for Clarification on December 30, 2014. (Doc. 141). The December 30, 2014, Order provides that the Preliminary Injunction "was intended to enjoin them- as a U.S. Citizen and a U.S. Corporation- from infringing on the Marks both in the U.S. and in foreign territories." (Doc. 141).
The Middle District of Florida trademark litigation was bifurcated by the Court with a Phase I trial on ownership of the service marks and trade name at issue, the CEC Marks. Phase II, if necessary, was to proceed to trial after Phase I to address any remaining issues of infringement, liability, and damages.
Phase I of this matter has since been tried by the Parties (see Docs. 350, 351, 354), and the Court was presented with a motion for judgment as a matter of law by Plaintiff at the close of the evidence on the issue of trademark ownership (Doc. 358 ("JMOL Motion").) The court granted CEC's JMOL Motion on July 28, 2016. (Doc. 359 ("JMOL Order").) As a result of the JMOL Order, the Court subsequently entered an Order on August 25, 2016, converting the Preliminary Injunction (Doc. 56) into a Permanent Injunction. (Doc. 364).
Specifically, the Court stated in the August 25, 2016, Order with regard to the JMOL Motion and Preliminary Injunction the following: The evidence conclusively established that: (1) "The Commodores" is known for the entertainment services provided by the band--namely the personalities and performance styles of the members and the band's unique sound; and (2) Mr. King and Mr. Orange have maintained control of that quality or characteristic since Mr. McClary left the band in 1984. Mr. McClary's acceptance of royalties and sporadic performances with the group over the past twenty-plus years is inconsequential when compared to the activity and unfettered control over the group that Mr. King and Mr. Orange have exercised since the departure of Mr. Richie and Mr. McClary in the early 1980's. Indeed, the facts are so overwhelmingly in favor of Plaintiff on that issue that no reasonable juror could conclude that, since his departure from "The Commodores" in 1984, Mr. McClary exercised any control over the quality and characteristics of the band. Further, the evidence conclusively established that Mr. King and Mr. Orange made valid assignments of their ownership rights in the Trademarks to Plaintiff. Thus, Plaintiff now owns the rights to the Trademarks. Accordingly, the Preliminary Injunction issued at Doc. 56 is hereby converted to a Permanent Injunction in favor of the Plaintiff.
McClary has appealed the Court's ruling to the 11th Circuit Court of Appeals.
On September 18, 2017, McClary's autobiography, Rock and Soul, was released.
Solo discography
- 1984 - Thomas McClary (Motown)
- 2008 - A Revolution Not a Revival (CDBY)
Filmography
- 1977 - Scott Joplin (w/The Commodores)
- 1977 - Looking for Mr. Goodbar (w/The Commodores)
- 1977 - James at 15 (w/The Commodores)
- 1978 - Thank God It's Friday (w/The Commodores)
- 1982 - The Last American Virgin (w/The Commodores)
- 1986 - One More Saturday Night (songwriter)
See also
- The Commodores
References
External links
- Official Website
Source of article : Wikipedia
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