Skip to main content

Trademark Act - Part 2

(Photo by Mudassir Ali from Pexels)

Trademark Law and Musicians:

Specifically for campaign use, the infringement comes from the confusion of the artists brand or image they have created for themselves. In legal proceedings, they refer to the precedent set by the Ninth Circuit in AMF Inc v. Sleekcraft Boats:

AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir. 1979)

This case is where they developed eight factors to determine whether or not a trademark has been violated. AMF Inc. came out with Slickcraft Boats and registered their trademark in 1969. Sleekcraft Boats was another company that manufactured boats. AMF Inc., the plaintiff, sued Sleekcraft Boats for causing confusing for the two similarly named boats and created competition in the market. The defendant, Sleekcraft Boats, argued that Slickcraft Boats only manufactured high performance boats whereas Sleekcraft catered to a larger audience with a variety of boats. The court originally ruled that although the names were similar, the audience and buyers did not overlap because only boat enthusiasts/racers would buy Slickcraft Boats. The Ninth Circuit held the same ruling as the first trial and used what is now known as the Sleekcraft Factors to determine whether a trademark was infringed.

The Sleekcraft Factors:

1. The strength of the mark;
2. The proximity or relatedness of the goods;
3. The similarity of the marks;
4. Any evidence of actual confusion;
5. The marketing channels used;
6. The degree of care customers are likely to exercise in purchasing the goods;
7. The defendant's intent in selecting the mark; and
8. The likelihood of expansion into other markets.

Comments

Popular posts from this blog

Performing Rights Orangizations

(Photo by Alena Darmel from Pexels) What is a Performing Rights Organization? A Performing Rights Organizations (PROs) are groups of companies that help songwriters and publishers collect royalties (money) from their copyrights. They help the song copyright owners (primarily songwriters/publishers) calculate and then distribute the royalties from all of the different venues, platforms, companies where their music is played or used. These royalties are typically paid every quarter in the United States. For songs with multiple writers, the PROs will distribute the agreed upon percentages specified for each songwriter.  For information about royalties, check out my previous blog post here ( link ) Songwriters can register with one the PRO and publishers register individually with each PRO their artist is represented by. There are PROs worldwide for the different countries/territories copyright law. In the United States, there are three major PROs: BMI, ASCAP, and SESAC. BMI (Broadcast...

Taylor Swift Authorizes Music For Congressmen

Taylor Swift and Congressmen Eric Swalwell Getting artist's consent for using their music is the easiest way to know you are not infringing on their trademark or copyright. This last October, for the first time ever in her career the renown pop artist, Taylor Swift, agreed to license one of her songs to congressmen Eric Swalwell. Eric Swalwell has been California's U.S. Representative for congressional district 15 since 2013. Swift allowed the campaign to use her song "Only the Young" for a political video. Although Eric Swalwell's campaign made the video, it is more of a statement towards the current political climate and promoting presidential candidate Joe Biden. The 1 minute and 45 second video shows clips of protests, police brutality, support for the LGBTQIA+ community, and Black lives Matter movement.  This video and the music sets a positive and uplifting tone to invoke change in our current political offices and bring minority groups to the spotlight. The...

The Public Domain - Free Music

What is the public domain: The public domain is any creative material that in not protected by intellectual property laws. Just because you can freely access a song, does not mean it is in the public domain. Works in the public domain can be used freely without permission or licensing (paying royalties).  After a certain amount of time, all works will enter the public domain. The current copyright term is 70 years after the death of the last surviving author. This term has changed so many works have different terms currently. Some works may be entering public domain sooner (if they were not renewed originally). Generally, any work published during or before 1925 is part of the public domain. Songs from 1926 are now entering public domain. Where to find works in the public domain: It would be impossible to find all of the work in the public domain in one place because there are so many works that are not available online. Luckily, there are some websites that have a significant numb...