Wednesday, August 09, 2006

Trademark News: Gene Simmons versus Jayne County: The Electric Chairs™ Trademark Debate

Gene Simmons' son, Nick has a band called Nick Simmons and the Electric Chairs. RuPaul noticed something not quite right.

While Jayne County & company may not have a trademark on the name, she should still have first use rights based on her Common-Law usage.

This brings up a good point and a question I get asked often – how do I protect my band's name? Well, here's a prime example – trademark it!

The USPTO has this to say:

"Is the name of a band a trademark?

It depends on how it is used. A band name may function as a service mark for entertainment services in the nature of performances by a musical group if it is used to identify and distinguish the service of providing live performances (see TMEP §1301.02(b), or as a trademark for a series of musical recordings (see TMEP §1202.09(a))."

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