In a landmark legal battle, the estate of Bon Scott, the legendary frontman of AC/DC, has emerged victorious in a dispute over trademark rights to his name. The case, which revolved around the potential for confusion between Bon Scott's name and that of a Swiss sportswear brand called Scott Sports, offers valuable insights into trademark law, particularly the concept of likelihood of confusion. Additionally, it sheds light on the significant role trademarks play in the world of merchandise.
Importance of brand in the music industry
Insights, key indicators and case studies that inspire musicians and bands.
Key indicators on the importance of brands
A cross-sectional survey with a representative sample of 10,000 consumers was used to assess the consumers' attitudes towards the extent to which a brand influences their purchase behaviour and their willingness to pay premium prices.
Perceived importance of brand
Willingness to pay premium for brand
Trademark disputes between family members are not uncommon, especially when there are multiple family members involved in a business or other venture. In some cases, family members may have disagreements over the ownership or use of a trademark, or they may have different ideas about how the trademark should be used. Recently, Rudolph Isley, one of the founding members of the Isley Brothers, has filed a lawsuit against his brother Ronald Isley over the use of the "Isley Brothers" trademark.
American rock band Guns N’ Roses has sued a company that runs an online gun store named Texas Guns and Roses, stating that the weapon retailer appropriated its name unjustly. Besides serving as a vital brand asset for every business, trademark registration is especially important for musicians and bands.
The United States Patent and Trademark Office (USPTO) rejected Mariah Carey’s trademark application for “Queen of Christmas”, as well as the terms “QOC” and “Princess Christmas” because her company did not respond to trademark opposition. The trademark would have allowed the star the legal right to stop others from using the title on music and merchandise. Christmas is one of the most desired words to trademark, as many companies would like to capitalize on this specific holiday to increase their sales. And although nobody can own “Christmas”, numerous businesses include the word in their trademarks.
American rappers Drake and 21 Savage have released their joint album, “Her Loss,” followed by fabricated media appearances as a part of their marketing strategy. As a result, hip-hop artists were sued by the publisher of Vogue for posting and distributing a mocked-up Vogue cover during the promotion campaign of their album. Celebrities are known for pushing the boundaries of conventional marketing in order to promote their work at the expense of other brands. When that happens, it’s important for brand owners to enforce their rights against the unauthorized use of their trademarks.
Ghana’s music festival Afrochella is accused of trademark infringement in a lawsuit filed by organizers of Coachella Valley Music and Arts Festival. This is not the first Goldenvoice, the company behind Coachella, have appeared in headlines for enforcing its trademarks, showing that music festivals are just as adamant about their intellectual property rights as any other brand.
Immensely famous pop star Taylor Swift does not only hold countless number of awards and musical praise, but also an impressive portfolio of trademarks. As she continues to trademark her most popular phrases, she ensures the continuous growth of her brand and her legacy.
There is a myriad of reasons why trademark registration is of a crucial importance for musicians and bands. This article presents a concise summary of 12 key reasons why every brand in the music industry should think about registering for a trademark.