Is It illegal to name a song after a trademarked brand?

by **lorimar** » Thu Mar 31, 2011 5:32 am

I own a trademarked brand that is listed with the united states patent and trademark office. A group made a song name the same as my trademark and its on itunes and there cd, plus they have a video with them wearing out branded products.

Is this legal, dont they have to pay royalties or have permission?

by **reuben29** » Thu Mar 31, 2011 5:38 am

I believe you should research the exact terms of trademark - I'm not sure on the rules of trademarks. I would guess that they need to talk to you about selling that song, but I'm not sure that wearing the brand product is a problem. After all, people make videos with adidas clothes (just an example - could be any number of brands) all the time.

by **reuben29** » Thu Mar 31, 2011 5:45 am

By not obtaining your permission or notifying you of their intent for "fair-use," I think you've got a trademark infringement case.
Any reputable lawyer will be able to advise you about the right direction to proceed.
Could be worth some bucks!
Good Luck!
The most he could say is "No."

by **hjortur** » Thu Mar 31, 2011 5:52 am

The answer depends on the nature of your trademark. What was the description of goods or services that was used in the application? What is the product area? If your description was broad and could conceivably cover a song, then you may have a case. If your mark is limited to a completely different product area and the description is specific to that area, then you probably do not have a good case. You really need to talk to a trademark attorney to know for sure. Ideally, you should use someone that specializes in trademarks. Many intellectual property attorneys file trademark applications but do not really know the nuances of the law as most of their business is in patents.

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