Harold Winley, the voice behind the iconic 1950s hit “Love Potion No. 9” by The Clovers, is embroiled in a legal battle to protect his legacy. At 80 years old, Winley is suing another group who he claims is preventing him from performing under The Clovers’ name, the very name that propelled “Love Potion No. 9” to the top of the charts.
Winley recounts his teenage years when he and four fellow singers formed The Clovers in the Washington D.C. area. The R&B group quickly gained local recognition, performing at the famed Apollo Theater in Washington before signing with Atlantic Records. Their breakthrough moment arrived in 1959 when “Love Potion No. 9” became a massive hit. “It was great,” Winley reminisced, “We didn’t make no money but we had a lot of fun.”
However, the group’s success waned in the 1960s, leading to a complex situation that culminated in a federal lawsuit filed in Washington earlier this year. The heart of the dispute lies in the use of The Clovers’ name.
After the original group’s activities lessened, Winley and another member, Harold Lucas, each formed separate musical groups using The Clovers moniker. Lucas’ group eventually trademarked “The Clovers” name in the 1980s. Following Lucas’ death in 1994, two individuals who were part of Lucas’ trademark agreement continue to perform as The Clovers.
Winley alleges that this group has actively interfered with his performances by threatening venues that booked him under The Clovers’ name, resulting in at least two show cancellations. This interference prompted Winley to take legal action.
“It is our position that when people come to see The Clovers they expect that they are going to see Harold Winley or another original member of The Clovers,” stated Winley’s lawyer, Brad Newberg, emphasizing the public’s association of Winley with the band’s identity.
Winley, whose bass voice remains strong, desires to continue performing as The Clovers. “I want to go on stage as The Clovers,” he asserted. His attempt to trademark “The Original Clovers featuring Harold Winley” was recently rejected, further complicating his efforts to reclaim his performing identity.
Charles Stevens, a member of the group holding the trademark, dismisses Winley’s lawsuit as “frivolous.” Stevens argues that Winley was not an “original Clover,” claiming he joined after the group had already formed as the Four Clovers in the late 1940s with Lucas and three others. “All of a sudden he wants to come back and be The Clovers again,” Stevens commented, highlighting that his group has held the trademark for decades and still performs a few times annually.
While Stevens claims he doesn’t object to Winley using The Clovers name, he takes issue with the term “original.” He acknowledged that a former agent might have contacted venues booking Winley, but denies personally blocking Winley’s shows.
Both parties have agreed to mediation and are scheduled to meet to explore a resolution. Stevens expressed a desire to resolve the matter, stating, “We really do want to get this behind us.”
The song at the center of this dispute, “Love Potion No. 9,” has a rich history beyond The Clovers’ rendition. Written by the prolific songwriting duo Mike Stoller and Jerry Leiber, known for their hits with Elvis Presley, the song’s whimsical narrative follows a lovelorn man seeking a magical love potion from a gypsy. The potion leads to humorous chaos, culminating in a kiss with a police officer who breaks the potion bottle.
The Clovers’ version of “Love Potion No. 9” soared to popularity in 1959 and has since been covered by numerous artists. Notably, British band The Searchers released a successful version a few years later, further cementing the song’s place in popular music. “Love Potion No. 9” also gained cinematic recognition when The Clovers’ version was featured in George Lucas’s iconic 1973 film “American Graffiti.” The song’s enduring appeal even led to a 1992 romantic comedy film of the same title starring Sandra Bullock.
As The Clovers’ name dispute heads to mediation, the legacy of “Love Potion No. 9” and the question of who rightfully carries The Clovers’ name forward remains a point of contention, highlighting the complexities of band history, trademark law, and the enduring power of a hit song.
