Quote:
Originally Posted by signupdamnit
Far-L, here's a question for you and your lawyer:
http://en.wikipedia.org/wiki/Homegrown
Look at all the music albums named "Homegrown" as well as the festivals with that title. Now clearly these are all within the same industry. There are many. Now why haven't they sued one another for this already? I mean it's the same exact name within the same industry. Yours isn't even an exact match. Please explain how yours is a different case and how it is more enforceable. |
Music albums are a collection of works. The branding lies in the band/artists' name, not the collected body of work. Bands can sue over other bands using the same name. A group of kids in my high school (years ago) got a cease & desist from Staind, as they were calling themselves "Stained," before Staind was even popular. Supernova sued the tv show created super-rock band (Tommy Lee, Gilby Clarke, Jason Newsted), forcing them to call themselves Rockstar: Supernova.
Festivals I don't know. But, I know that a teenage girl named Lauren McClusky had put on charity concerts (to benefit the Special Olympics) under the festival name "McFest," based on her last name. When she went to protect the name, McDonald's objected, and the two are now engaged in a legal battle. Full story here:
http://www.dailyfinance.com/blog/201...nalds/?icid=ma