use of a band name?

[Unc. John]

state: CT

quick overview: I run an online radio station (licensed through ASCAP, BMI, SESAC...) dedicated to the music of the Grateful Dead and their related bands. I have been running for about 8 years now. Their parent company, Warner/Rhino send me their new releases for airplay.

the site is "GDRADIO"

as part of describing the website, online radio station and iPhone app, I use the line "streaming Grateful Dead and more"

just last week, I was contacted by Rhino's legal dept saying I "use the Grateful Dead name without authorization. "

is there confusion or is this true, that I need to get permission to use the bands name in this fashion?

I appreciate any feedback and thank you in advance.

 

[FlyingRon]

There's a line here between descriptive use (we play Grateful Dead songs) and using it to market your own products "Grateful Dead Radio". I suspect the dead have better lawyers that you do. The confusion is that you are somehow officially associated with the group. Further even beyond rule of law, they can make things tough with the streaming providers which usually aren't too willing to buck the industry over such issues on the behalf of just one of their many customers.

You might inquire as to the particulars of what Rhino thinks infringes. My assertion to them is that the GDRADIO isn't an infrigement and the tag line is merely descriptive.

 

[Unc. John]

You might inquire as to the particulars of what Rhino thinks infringes. My assertion to them is that the GDRADIO isn't an infrigement and the tag line is merely descriptive.

thank you. I was from the beginning careful to not call it Grateful Dead radio, since I was sure it would be an issue eventually...

 

[The Occultist]

You say you never called it "Grateful Dead Radio", but... what does the "GD" in "GDRADIO" stand for?

 

[Unc. John]

You say you never called it "Grateful Dead Radio", but... what does the "GD" in "GDRADIO" stand for?

"gd" isn't trademarked

there is a gdradio = green day radio

there is a gdradio = Grace Deliverance Radio

mine of course stands for Grateful Dead.

 

[The Occultist]

mine of course stands for Grateful Dead.

Which is the nature of my point. My guess is that those knowing that the focus of your site/station is Grateful Dead may "reasonably" assume a connection between GD and Grateful Dead, and as such create the potential confusion of your association with those that hold the mark.

Your attempted argument of "others are doing it with similar initials and getting away with it" would likely NOT be a good point to raise in court should you find yourself there.