The Story Of The Bogus Deep Purple Band

In March 1980, Tony Emery took a bold step by legally registering the Deep Purple trademark under U.S. law, claiming no one else had rights to the name prior. However, the name Deep Purple had already been legally registered back in 1968, and the band members, including Rod Evans, were well aware of it. Additionally, in 1971, a company called Deep Purple (Overseas) Ltd. was established to protect the band’s interests. But despite these precautions, there were loopholes in the American legal system, especially regarding musicians’ rights, which allowed Emery’s new group to move forward with surprising speed.

Back in those days, the absence of the internet made it easier to manipulate the “confusion factor.” Radio stations and journalists knew that Deep Purple had reformed but didn’t have clear details on the new lineup. With the public’s hunger for hard rock, few questioned the authenticity of the band’s members.

The fake Deep Purple first tested the waters with small, low-profile performances before making their official debut at the Armadillo Civic Center in Texas on May 17, 1980. Tickets sold out quickly, as fans were eager to witness what they believed would be a legendary reunion. However, the concert was anything but memorable in a positive sense. From an artistic perspective, it was a complete disaster. The group sounded like a subpar cover band, and the quality of the performance was shockingly low. The setlist included songs like “Hush,” “Mandrake Root,” “Kentucky Woman,” and the obligatory “Smoke on the Water.” Oddly, they also played tracks like “Space Truckin’,” “Burn,” and “Might Just Take Your Life,” which didn’t belong to Rod Evans’ era with the band.

To make matters worse, the band members adopted a stereotypical “rock star” look and behavior, complete with smashing their instruments at the end. The audience, however, was not impressed. Many didn’t even recognize Rod Evans or realize he had been part of the original Deep Purple. The show ended after just 40 minutes, with the band fleeing the stage under a barrage of bottles and other objects, and a riot nearly ensued.

Despite this disastrous start, the tour continued, with similar results night after night. At one point, during a concert at the Capitol Theater in Quebec, Canada, guitarist Tony Flynn, fed up with the hostile crowd, declared over the microphone, “Anyone who is here to hear the real Deep Purple is welcome, but the rest can go fuck themselves.” This only made things worse. Concert organizer Robert Boualy later commented, “They don’t deserve to be paid. It was repugnant.” By this time, word had spread that the band touring under the name Deep Purple was a group of impostors, leading to a sharp decline in ticket sales.

As the original members of Deep Purple became aware of the situation, they began making official statements and pursuing legal action. Ritchie Blackmore expressed his outrage to Rolling Stone Magazine, saying, “I think it’s disgusting that a group has to go so low and take someone else’s name.” Rod Evans, however, denied any wrongdoing. In June 1980, he falsely claimed to Sounds Magazine that he had contacted Blackmore and Jon Lord for permission to use the name. By October, in another interview with the same magazine, he changed his tune:

“Whether Ritchie gives me his support or not is of no great consequence to me, just as it wouldn’t be for him if I gave it to him for Rainbow. I’m sorry he doesn’t like the band, but we’re trying.”

Promoter Ronald K. attempted to defend the new lineup in an announcement to music papers, claiming that the original Deep Purple wanted the name back because they saw the new group’s success. However, the defense was unconvincing. Due to delays in the American legal system, Deep Purple (Overseas) Ltd. couldn’t initiate legal proceedings immediately. However, they did manage to publish a notice in the Los Angeles Times, clarifying that Ritchie Blackmore, David Coverdale, Ian Gillan, Roger Glover, Glenn Hughes, Jon Lord, and Ian Paice were not part of the current formation.

Finally, in October 1980, nearly a year after the fake group’s debut, the courts ruled against them. The impostors were ordered to stop using the Deep Purple name and were fined $672,000. Rod Evans, unable to pay the fine, lost his royalties from the albums he had recorded with Deep Purple, marking the end of this ill-fated endeavor. Reflecting on the debacle, Jon Lord later remarked in an interview:

“It was a very stupid thing to do. Rod was an idiot. He got screwed by people who just wanted to profit off the name, without caring about the quality.”

After this scandal, Rod Evans’ musical career came to an abrupt end. He retreated from the public eye and has remained in voluntary exile ever since. Few people know his whereabouts today, and those who do, remain silent. While his actions were undeniably wrong, it’s a sad ending for a musician who once had a respectable and prestigious career. Rod Evans may never return to the spotlight, but it would be nice to hear from him again, even if just to share some memories of the real Deep Purple and Captain Beyond. Mr. Rod Evans, if you’re out there, it’s never too late to tell your side of the story. Everything is forgiven.