Notwithstanding the fact that the “original” Deep Purple had ceased performing several years prior to the former member’s resurrection of the name, the court found that the Deep Purple mark was still in use given that the group’s recordings remained in distribution. Deep Purple, Inc. The management company for the rock group Deep Purple brought suit against a former member of the band from using the names Deep Purple and New Deep Purple in connection with live performances. The court held that the former bassist from Steppenwolf was not barred by contract law or trademark law from using the phrases “Formerly of Steppenwolf,” “Original Member of Steppenwolf,” and “Original Founding Member of Steppenwolf” in promotional materials for a new band, provided that these phrases were less prominent than references to the new band.Īnother high profile case involving band name disputes is HEC Enterprises, Ltd. One of the major US cases involving band name disputes is Kassbaum vs. Ii) has not agreed to refrain from such representations. I) does so in a manner that is not confusing and The cases involving band name disputes demonstrate the default rule that trademark law will not prevent a former band member from making truthful representations of former affiliation with his or her former band, so long as the former member: What Does the Law Say About Band Name Disputes? ![]() These situations often involve the leaving member and remaining members hiring attorneys to litigate over the use of the band name. If there is no Band Agreement in place, the area of band name disputes becomes quite complex. If you have a situation where the leaving member is the sole owner of the name, then the remaining members would have to chose a new name. If the Band Agreement is silent on the issue, then each member might be considered an equal owner of the name, and an entertainment lawyer should be consulted. Sometimes the leaving member will have to be bought out in order for the remaining members to continue using the name. In such a situation, the remaining members can continue using the name. Often a leaving member will forfeit their rights in the name when they leave the band. Typically, the issue of who owns the band name is dealt with in the Band Agreement. Check out my article on Band Agreements for more. ![]() The answer to the above depends on whether or not a Band Agreement exists. Who has the right to use the band name once a band breaks up? As you can imagine, things get messy quickly. ![]() Similarly, Axl Rose famously duped his band-mates into signing away their rights in the band name. Sometimes one or more members want to continue using the band name, as was the case with Pink Floyd in the 1980s when both Roger Waters and David Gilmour were touring with two different bands under the name Pink Floyd.
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