What’s in a Name and what is it worth?

01-Aug-2011 Thinking of a good band name can be either very easy or a very tortuous process but it is ultimately quite an important step on the way to fame, fortune and the law courts. Everyone knows about the fame and fortune, but unfortunately they don’t foresee the law courts. The old music industry adage “where there is a hit there is a writ” is sadly very true. So while on the journey to fame and fortune, it’s best to try and stay clear of the law courts. One way of staying out of the law courts on the path to fame and fortune is to carefully choose your band name. Once you have, you should then take all necessary steps to protect it, because it could be worth a fortune.

Examples of good names are, Stiff Little Fingers, Rip Rig and the Panic, U2, Black Uhuru, Led Zeppelin, Coldplay and Blink 182. These are all unique names and ultimately a ‘brand’ worthy of protection.

Unfortunately, musicians at the start of their careers do not always give consideration to the long term consequence of protecting the band’s name by registering it as a trade mark. The trade mark may also incorporate a logo, such as Take That’s (see image). The registration of the band’s name as a trade mark gives notice that the name and/or logo is the exclusive right of the owner or owners to exploit for his or her own benefit.

 


From the very outset the band starts out on their career the band members should agree on who owns the name. The name may be created by one member or ownership could be shared by all members. In any event, the band agreement (a partnership or shareholders agreement) should state that if any member leaves the band or is sacked from the band, that person must automatically relinquish all rights to use the band name. Alternatively, if the band name is owned by one member and he leaves the band he should allow the other members to continue using the name (if they stay together) providing compensation is paid by way of a royalty fee.
For the bands from the 60’s, 70’s 80’s, 90’s and 2000’s which failed to register their band names, things start to go wrong when they embark on ‘come back’ or ‘nostalgia’ tours. Former band members often disliked each other and would now compete to use the same name. Thus putting all their livelihoods is at risk.

In the past there were sometimes numerous versions of the Drifters and the Temptations touring the UK. Recently there is the case of Bucks Fizz, awaiting the decision of the Trade Mark Tribunal as to which version of the band is entitled to use the name. Interestingly in the Bucks Fizz case, the band name is registered as a trade mark but the registered owner was not an original member of the band. Three original band members are contesting the registered owners’ right to use the name (the registered owner is the wife of an original member). This shows that any person can register a trade mark even though they were not originally in the band. This is a tactical move, because it is not the first time this has been done to benefit from use of the name.

The cost of a trade mark application is relatively low and is a very good investment. It should be treated the same as buying a new guitar or drum kit or mixing desk. It is an asset. The same advice applies for corporate entities, athletes, TV and sports personalities.

For more information and advice on protecting your name contact Rudi Kidd.

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