Legal Question in Entertainment Law in Delaware

Concerning Copyright

A company has been in business for around thirty years and a newer musical group has recently released it's second album of the same title as the company. Is there any sort of royalties that may be owed to that company?


Asked on 10/02/06, 5:42 pm

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: Concerning Copyright

Yes

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Answered on 10/02/06, 5:54 pm
Lawrence Graves Coolidge & Graves PLLC

Re: Concerning Copyright

Well, trademark, actually (not copyright). Under classical principles of trademark law, there would be no obstacle to a group calling itself AT&T and conducting business in musical performance, since AT&T is not in that business and no reasonable consumer would be confused. Recently, there was a change in the law that provides "anti-dilution" protection to "famous marks" but that extends only to companies like AT&T, Ford, etc. [Although I disagreed vehemently with the decision, the Trademark Trial and Appeals Board decided that Toro did not qualify as a famous mark!] Certain states also provide such protection under state law, but these rights are not as expansive as the federal statute. So, no, in your situation the musical group would not be infringing upon the rights of the company unless it is in some related business.

Best wishes,

LDWG

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Answered on 10/02/06, 5:56 pm


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