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Band Name: Can I Be Sued?

  • 03-07-2010 3:50pm
    #1
    Registered Users, Registered Users 2 Posts: 1,218 ✭✭✭


    I'm in a band called LegoBox and there's a bit of discussion as to whether we're breaching Lego's trade mark. I know nothing on the subject so was wondering if anyone here had an informed opinion.

    Thanks :)


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Your best bet here is to seek professional legal advice. Which is not available here. My view is that if you are using images and elements of the brand and trademark Lego without there permission, you may, and it is a may face issues. Have you engaged with the company to see if they are aware of you and seek to inform yourself of their position?


  • Registered Users, Registered Users 2 Posts: 1,218 ✭✭✭Zangetsu


    Never thought of contacting them, thanks!


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Well it's one way of doing it.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Lego have been known to take action to protect their brand, so unless your name is actually Lego you should consider contacting them.


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    Zangetsu wrote: »
    I'm in a band called LegoBox and there's a bit of discussion as to whether we're breaching Lego's trade mark. I know nothing on the subject so was wondering if anyone here had an informed opinion.

    Thanks :)

    IMO :
    Yes i think it would lead to future complications. If you try to sell your bric a brac during concerts and gigs ( which many major bands do ) then i would certainly see Lego being entitled to take you to court.

    Lego box is without a doubt the same as kellogs - wait for it- corn flakes.
    It would be like promoting lego without permission. So yes i see complications im my opinion.

    What you might do is call yourself Family Guy ( Family guys) or American DAD ( Americans Daddy ) or something similar as they constantly rip off everyone, so you would also capture some appropiate controversy.


    If your really desperate just call your self ( penthouse bitches) .

    I have never liked rock bands that constantly try to use childhood pyschology in their brand of music. So very much a throw back to the second half of 1990's when all those clowns bashed toy babies on stage and generally demoralised the enitre music industry doing anything for attention and controversy.

    I know I am meandering off topic. Basically fight fire with fire.


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  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    if only there was some way to search for registered trademarks

    trademarks only apply to certain areas of business - see apple records and apple computers; both have the same trademark "apple"


  • Registered Users, Registered Users 2 Posts: 217 ✭✭Lynnsie


    if only there was some way to search for registered trademarks

    Even if a trademark isn't registered the owner could bring an action for passing off if they can prove the mark has a reputation that is being infringed by the newer mark.


  • Registered Users, Registered Users 2 Posts: 3,456 ✭✭✭Jev/N


    Miss Lala wrote: »
    Even if a trademark isn't registered the owner could bring an action for passing off if they can prove the mark has a reputation that is being infringed by the newer mark.

    I dunno, misrepresentation would be difficult to prove in this case I would imagine?


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