Using a registed product in your song title?

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ubertar
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Post by ubertar » Wed Mar 29, 2006 2:13 pm

Don't know if Beck had permission, but he has a song called "Fuckin With My Head (Mountain Dew Rock)".

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joelpatterson
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Post by joelpatterson » Thu Mar 30, 2006 8:06 am

I'm going to sue anyone who uses the word "mountain" for anything.
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Post by cgarges » Sun Apr 02, 2006 5:18 am

What was the deal with that Neil Young song back in the 80s? ("This Notes' For You.") didn't he get sued by a few of the companies mentioned in it? I can't for the life of me remember what happened with all of that.

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another fine (I think) example

Post by Effigy Studios » Tue Apr 18, 2006 7:12 pm

Apple Corp. (Records) suing for round two with Apple Computers.
The link below has an article laying out information for those not familar with this case...

http://www.timesonline.co.uk/article/0, ... 00,00.html


In monsters situation they went to trade mark hundreds of things... Like clothes, food, etc enabling them to sue different companies. Maybe trading marking in hopes of one day the Brand Monster would grow into many different lines... or not.

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Post by bewarethanatos » Mon Apr 24, 2006 6:33 pm

I heard that story about Lola by The Kinks too, but I was never sure why they had to change it exactly.

In a song on the new Dresden Dolls album, Amanda Palmer mentions Rice Chex, which is a trademarked name, AFAIK.

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snuffinthepunk
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Post by snuffinthepunk » Thu May 25, 2006 3:09 pm

Professor wrote:
ubertar wrote:Sure, they could sue you for it, but they wouldn't win.
Provided you have the resources to fight it. But unless you have a few hundred grand to blow on proving that, it ain't worth tempting the fight. And somehow Monster cable continues to sue huge companies like:
-- Walt Disney Co., which distributed Pixar Animation Studios' hit film "Monsters, Inc.''
-- Bally Gaming International Inc. for its Monster Slots.
-- Hansen Beverage Co. for a Monster Energy drink.
-- The Chicago Bears, whose nickname is "Monsters of the Midway.''
That's according to this article.

But if you want some encouragement, of a very strange type, then you might consider the reverse problem that faced the Thermos company. About ten years ago their ownership of the trademarked name "Thermos" was revoked by the USPTO because the name had become so synonymous with the 'insulated beverage bottles' that other businesses complained they could not market their products in fair competition. The PTO agreed and revoked the name and now anyone can sell thermos bottles, and Thermos can sell 'Thermos-Brand insulated bottles' or 'Original Thermos Bottles' or derivations like that, but that's still not so useful when everyone else can sell plain old "thermos" bottles. Needless to say, the decision had companies like Xerox, Rollerblade and Jet-Ski shaking in their boots.
So what Monster Cable really needs is a lawsuit against them from that angle, or perhaps a lawsuit from the owners of a few old monster movies that would have a copyright registration that predates Monster Cable.

-Jeremy
Same thing happened with Kleenex tissues. Now anyone can put the word "kleenex" on their box. I'm not an expert, but, in my one month music business course we learned more than enough to stop a company like Monster from suing other people who use the word "monster." Like yall said, it's completely unrelated and therefore is protected from infringement suits. I can't believe Monster (TM) got away with all that.
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snuffinthepunk
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Re: another fine (I think) example

Post by snuffinthepunk » Thu May 25, 2006 3:14 pm

Effigy Studios wrote:Apple Corp. (Records) suing for round two with Apple Computers.
The link below has an article laying out information for those not familar with this case...

http://www.timesonline.co.uk/article/0, ... 00,00.html


In monsters situation they went to trade mark hundreds of things... Like clothes, food, etc enabling them to sue different companies. Maybe trading marking in hopes of one day the Brand Monster would grow into many different lines... or not.
if I am correctly informed, you have two(?) years before you have to give up your trademark if you aren't using it for profit (unless it's like, a non-profit organization type thing). I can understand the clothing bit (maybe they sell t-shirts on line or something...however that amount of profit [which would be little] and the fact that they have absolutely no association with a clothing company [how many people out there know "monster" is a cable/wiring manufacturer? audiophiles only probably] should be enough to stop monster in the first place.). Why would a huge company go after people who couldn't afford to pay them anyway? fucking bullies.
Last edited by snuffinthepunk on Thu May 25, 2006 3:28 pm, edited 1 time in total.
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Re: Using a registed product in your song title?

Post by John Jeffers » Thu May 25, 2006 3:27 pm

pantone247 wrote:AKA Drive on TMBG's Lincon record, was Nyquil driver...
True, but "AKA Driver" is on John Henry, not Lincoln.

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Post by Rigsby » Fri May 26, 2006 12:11 am

ubertar wrote:Interesting article in the Times-- Apple Corps is suing Apple computer:
That reminds me, someone told me yesterday that one part of sony is part of this internet download site and another part of sony is sueing that site for using it's material, so sony sues sony, bizarre.
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effector
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Post by effector » Fri May 26, 2006 8:35 am

it's not as if every ministry tribute band in the world spends the time / money necessary for sample clearance, but they never get sued. i wouldn't worry about using trademarked names until your music gets high-profile.

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Post by ChrisCo » Fri May 26, 2006 9:08 am

This puts all of those lawyer jokes into perspective now. I have a couple of Monster? cables that philosophically I don't think I'm going to use anymore. I'll probably eat the cost, switch them out and ship them back to Monster Cable? with a few exerpts of news stories about their inane and sensless suits and note that they've lost many customers based on their bullshit practices.

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Earlier in the thread, Professor mentioned "friends don't let friends use Monster Cables..." I'm proud of myself for this one: http://messageboard.tapeop.com/viewtopic.php?t=34839
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Post by bluesman » Fri May 26, 2006 9:18 am

Not to worry about Monster Cable...the poor design, lack of quality & longevity of their cables will be their demise. Perhaps the name should be changed to MONSTROSITY! Seriously, what idiot designed their molded XLR ends so fat that they will not fit through a Shure mic stand adapter? Aren't molded plugs generally considered to be crap anyway? I know that the Monster plugs certainly are. Their cable may be ok, but as long as they continue to mold their xlr ends, my studio will never see them.
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