Protecting Merchandise Income 1. Band Name The very first thing that every single band should register is their name. You can trademark your band’s name yourself by going to USPTO.gov. It takes about 6 months to a year to register. It is much easier and faster to protect your merchandise in the future against counterfeiters…

Merchandise Protection for Bands & Musicians via Trademarks Bands/musicians make most of their income from concerts and selling merchandise. We know how to protect those sales from counterfeiters. https://youtu.be/wlQWs1_n4F8 To protect the sales of t-shirts, hats, sweatshirts and other clothing, it is important as a band to file trademarks for your apparel. Trademark Protection for…

Keurig.  Starbucks.  Barilla.  McDonald’s. Tide. One of these things is obviously not like the other. But in truth, none of them are like each other by law. They are five distinct trademarks, each loud and proud about what their products and services stand for. Each conveying information, standards and branding about their goods. Just one…

PROTECTING YOUR B(R)AND Trademark Infringement Actions Registering your products for trademark is extremely important for bands to keep their merchandising profits specific to them. A trademark is “any word, name, symbol, or design or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another…

When a seller is deciding on what trademark to use, it’s important to ensure that an existing trademark does not have priority. Put simply, having priority means the seller’s prospective trademark must be the first in commercial use within its geographic area. Typically, a trademark unregistered with the United States Patent and Trademark Office (“USPTO”)…

Descriptive Trademarks New private label brands seeking a trademark from the United States Patent and Trademark Office (“USPTO”) need to know what “descriptive language” refers to when it comes to private label trademark applications. Private label brand owners need to know how to avoid trademark application rejections for “descriptive” marks. In sum, “descriptive,” as it…

Your logo, like your brand name, will be used by customers to identify your brand. Similar to your brand name, there are myriad issues to keep in mind when developing a logo. The following is a guide for private label sellers as to the different types of logos that can be successfully developed. Lettermark or…

Trademark & Copyright Registration Trademarks serve a dual purpose. First, trademarks protect customers. Trademarks assure customers of the quality of the product they purchase. Second, trademarks protect brands. If your brand’s mark is on a product and another seller provides counterfeit goods with your mark, you may bring legal action against that seller and recover…

One way to police your brand’s mark(s) is to take advantage of outside resources such as the USPTO website. The USPTO site has an online journal that is updated weekly which includes relevant information of patents and trademarks that have been granted on the date of issue. There are separate issues that are split up between…

A prominent issue for famous performing artists is counterfeit merchandise being sold outside of their concerts. In today’s world, digital streaming services such as spotify and pandora have made it hard for musicians to profit off of album sales. Therefore, the most lucrative business for artists and bands is selling merchandise at concerts. This makes…

It is always good to be paranoid when you are a part of a famous rock band. Anthony Iommi, former member of Black Sabbath, sues Live Nation, Inc. for trademark infringement, trademark dilution & the unauthorized use of his name, image & likeness. Black Sabbath, founded in 1968, has become one of the most successful…

Pink Floyd (1987) Limited is the business entity for the iconic band Pink Floyd. Pink Floyd has been in existence since 1965 and been in the Rock and Roll Hall of Fame since 1996. Since the initial launch of their band products, the Pink Floyd trademarks have been promoted continuously by Pink Floyd (1987) Limited….

Protecting a Band’s Trademarks Bravado International Merchandising Services, Inc. has a license to exclusively sell merchandise containing the names, trademarks, logos, and likenesses of musicians/groups such as The Clash, Metallica, Slayer, Korn, Guns N Roses, Led Zeppelin, and Iron Maiden. [1] They have brought suit against defendants for false designation of origin, unauthorized use of…

As per eBay’s intellectual property policy on its website: “[eBay] take(s) protecting intellectual property rights and maintaining a safe environment for our buyers and sellers, very seriously. As such, certain types of items, such as bootleg recordings, are not allowed on eBay, and others, such as celebrity autographs, have a range of restrictions around how…

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