Use Of Group Name

[MR 10%]

What is the name of your state?
NEW YORK

I represent a recording artist who was the lead singer of a popular group. The group released multiple records and music videos. A former manager is trying to stop the artist from affiliating themselves in anyway with the original group. The former manager put together another group with none of the original members and is deceiving audiences. My artist is the "Only" voice on these popular recordings. Even the videos show this. We have used terms such as; Formerly Of..., Former Lead Singer Of..., The Original Member Of... The former manager states that he has the rights to the name of the group, but is yet to show proof except for an attorney letter which seems bogus. What would you do in my case. Thank you

 

[BelizeBreeze]

Tell the manager to read 'fair use' doctrine in copyright and trademark law.

There is nothing to stop this idiot from filing suit, but winning is something else.

 

[MR 10%]

Thank You

He likes to send letters out to various club promoters around the country, claiming that my client doesn't have the right to use the name in any way nor the songs. I know this is rediculous. Without taking up too much of my own time, I would like to send out counter letters to the promoters where the phony group performs at. I never had to do this because my client still got pretty much all of the shows, it just bothers me to have to go through this. Do any of you know any interesting case studies that I could find on line to include in my letters. Thank you for all your help.

 

[divgradcurl]

With all due respect to BB, I don't think that this question is one of "fair use," certainly not in copyright and probably not in trademark. Whether or not anyone has the right to stop anyone else from using the band name is almost certainly going to depend on what kind of contractual agreements were in place, if any. If the records and videos were released by a label, then that label may be the ones who hold the rights to the name. Again, it all depends on who contracted what with whom.

In the absence of any contracts, then most likely nobody has the right to tell anyone else what to do with the name...

 

[MR 10%]

They Deceive Audiences

Any contracts were done over fifteen years ago. There is not even one record of any payment of royalties or statements to the artist. The former manager is currently in the works of putting together a phony group to sing over the original tracks during performances. The former manager is promoting and advertising the new group as "The Original Group" therefore deceiving promoters and audiences. Does anyone know of any case studies that are about deceiving audiences? Thank you so much!

 

[divgradcurl]

Just because the contracts are old doesn't mean they are null and void.

However, if the name of the group is currently not owned by anybody, then there isn't anyone that can stop anyone else from using the name -- he can't stop you, and you can't stop him.

Forget about sending letters to the promoters -- the audience will figure it out. Besides, you don't have any "standing" to complain -- you're not being harmed by his group, since you don't have the rights to the name. If I were to go out touring myself as a "Rolling Stone," clearly the band could stop me, because they still own the name to the band. However, if I were to go out touring as "Ludwig von Beethoven," then that's okay, because nobody owns the rights (I think) to that name. If the audience is confused, well, they should have done some due dilligence. If I go to see, say, Guns and Roses, and Axl is the only original member left, is that their fault for misleading me or my fault for not doing due dilligence?

However, if he keeps on sending letters and trying to keep YOU from using the name, then maybe it's time to talk with a lawyer about possibly filing a suit for tortious interference. However, before you do that, make CERTAIN that he really doesn't have the right to keep you from using the name.

 

[BelizeBreeze]

And with all due respect to DIVA , touring as 'a former member of the Rolling Stones' is not a violation regardless of who owns the copyright, trademark or broken guitars smashed during the finale.

 

[divgradcurl]

Actually, I think it would be a trademark issue, under the "false designation of origin" rules -- since I'm not ACTUALLY a former member of the Stones, using the term "former member of the Stones" would be a false desgination of origin and would subject me to liability under Trademark statutes.

 

[MR 10%]

I truly appreciate everyone's help here. Now eventually I have to consult with an attorney, but is there anyway that I could do a Trademark search on my own?

 

[divgradcurl]

www.uspto.gov -- however, you will only be able to search federally-registered trademarks on this site. If the manager (or label) has applied for state trademark registration (not all states have such a thing), you'll need to try and search at the particular state's government webpage. If someone is claiming common-law trademark rights, well, you pretty much have to wait to get sued -- or at least a nastygram -- to find that out!

 

[dworrill]

Do research on the Temptations, Platters, The Drifters, The Supremes, etc. Same issue

 

[MR 10%]

Thanks

You guys are the best!