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Attorney for Maria Elena Holly Threatens Legal Action Against Lubbock Radio Station

Neilson Barnard, Getty Images

A Lubbock radio station runs the risk of being sued by the wife of a late rock n’ roll star.

A Cease and Desist letter was sent to the operator of KDAV 1590 AM from Austin Attorney Stephen Easley on behalf of Maria Elena Holly earlier this week.

The letter says that Mrs. Holly is aware and concerned about the station’s advertised plans using her late husband’s name for their first “Buddy Holly Birthday Bash, scheduled for early September, just two days after what would have been Buddy’s 75th Birthday.

The attorney mentions that their problems with the event are exacerbated by the performance of Johnny Rodgers, a Buddy Holly impersonator who has been shut down by Mrs. Holly before for use of their trademarks. According to the Cease and Desist, Holly and her attorneys plan to hold KDAV and their broadcasting company liable for Rodgers’ performance.

The letter continues, saying that all mentions of Buddy Holly must be removed from their advertising and social media pages, including a picture of the statue at the Buddy Holly Museum, which is licensed by the Estate.

Easley said that since the radio station plays the music of Buddy Holly and “clearly reveres his place in the rock and roll pantheon, I am sure that you do not wish to violate the rights of his widow, whose life work has been to promote and protect his legacy.”

If the station does not comply with the Cease and Desist, Easley says they will be forced to use “all measures available to us under state, federal and foreign law to protect my client’s rights and Buddy’s heritage.”

Operators of KDAV- AM have not issued a statement.

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