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Trademarking the Name of a Band

April 13th, 2022

Most musicians know about copyrights. Without copyright protection, other musicians and music companies might claim your songs as their own, reap profits from them, and even sue you if you perform your own compositions. Many musicians are not aware that a similar calamity can befall a band that does not properly establish and protect trademark rights in the name it chooses.

Band names and logos as trademarks

A trademark is any word, phrase, symbol, sound or design that is used in commerce to identify the source of goods or services. Music recordings are goods, and entertainment is a service, so a name that is used to identify the source of a song or the musicians who perform it is a trademark. For example, the name, “Smashing Pumpkins” is a trademark that is used to identify a particular band’s sound recordings and musical performances. It is also a trademark for posters and shirts displaying that phrase.

Copyright law does not protect names, titles or short phrases. Registering a copyright for a collection of songs with the band’s name on the cover may protect the band’s rights of authorship in the music, but it will not protect the band’s name. For that, trademark registration is needed.

Logos are a special case. If a logo is an original work, then the artwork may be copyrighted. When it is used to identify a particular band, then it may also be protected as a trademark.

How trademark rights are created

Trademark rights are created by using a name or symbol in connection with goods or services to identify the source of the goods or services. Merely deciding on a name for a band is not enough, even if the name is written down on a piece of paper, witnessed, notarized, and kept in a safe deposit box. Trademark rights come into being only when the band takes the further step of putting the name on a product (such as a CD, or a digital recording that is made available for download on the Internet) or an advertisement for the product, or publicly performs or advertises its entertainment services under the name.

Trademark rights can come into existence without registration. As between two bands with the same name, the first to use the name in commerce to identify the source of their musical products or services (such as affixing the name to a CD that is offered for sale, or using the name in an advertisement or flyer for a concert performance by the band) will be the one with trademark rights.

Why registration is important

Since trademark rights are linked to first use, some websites offer to protect a band’s name by simply listing the name in a band name registry. While this can generate some evidence of use, it is not determinative of the issue, and it is not sufficient for trademark protection. Only registration with a state or federal trademark office will establish a prima facie case or a legal presumption of trademark ownership.

Registering your band name with the U.S. Trademark Office creates a strong presumption that you own the trademark rights in that name. Subject to some exceptions, it usually will be all the evidence of ownership you need for your defense if another band attempts to sue you for using a name that it claims is confusingly similar to theirs. And it will enable you to file suit, if necessary, to prevent other bands from using your name, or a name that is confusingly similar to your band’s name.

The stakes are high. Being ordered to stop using a name is not the only thing that can happen to a person who is successfully sued for trademark infringement. He may also be ordered to destroy or surrender any products that have the infringing name affixed to them; to disgorge any profits that have been made through the use of the name; and to compensate the trademark owner for damages. In some cases, he may also be ordered to pay punitive damages and the trademark owner’s attorney fees.

Business Success Using Marketing Research

March 29th, 2022

Launching your product? Want to know what the market is all about now? What does the data say about the current market status? Is it a good time for your product to be launched? Will the audiences perceive your product? How different it is from other products? These questions might arise in your mind always. For that there is a solution which is called Market Research.

What is Market Research?

It is the process of assessing the market for the launch of new products with conducting a thorough research directly with the consumer. This lets the company to identify its target market and gather statistics and data from the opinions gathered from consumers regarding the product. Market Research are mostly done by the companies itself or through third parties who are experienced in the market research field. A lot of marketing strategies can be used for market research such as surveys, product testing and directly approaching the consumer groups for their opinions regarding the product.

Now the question is What is the need for Market Research?

The purpose of doing market research is to assess the market related to the product or service to gather results how the consumers will react to the product. The companies may try to find out what the consumer likes and what not and where does their product stand between these and how to make it better so that the consumer perceives it. They can remodel the product according to that and bring about changes to the actual product so that it fares successfully in the market after its launch.

How is market research done?

Market Research requires a lot of strategies and plans to be implemented to bring out fair amount of results for the company. The companies develops variety of steps with proper planning. It gathers information regarding the market and the company must analyze the data that has been collected to look after the relevant data that can be used later on to bring modifications to the product.

What is the use of Market Research results?

The company which is planning to launch its new product must conduct the market research to find out consumers views and also data regarding the product. These data helps the companies bring changes to the new products. If the company thinks that any alterations is required to bring to the product which may result in bringing success to the product right before or after the launch. To catch the consumers eyes the companies use this data and statistics to make sure the product is worth showing interest for and the consumers will be in benefit.

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