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From:
Brian Behlendorf
To:
Michael King ,
Cc:
IDM List
Date:
Fri, 8 Apr 1994 01:55:58 -0700
Subject:
Re: Copyright/trademark issues
Msg-Id:
<199404080856.BAA15277@soda.berkeley.edu>
In-Reply-To:
<mike%delta1@cs.tulane.edu>
Mbox:
idm.9404.gz
On Apr 7, 11:21am, you proclaimed: } >From the cyberdesk of: Jon Drukman } >>I was wondering just how legal it is to use a registered trademark for } >>a band name... } >You can't copyright a title. I can call my record Like A Virgin or } >Sparcstation-2 and neither Madonna nor Sun can sue me. Now, if I made } >a competing product with the same name, they might have a case. } } So what was the deal with Negativland's "U2" album? } Why did they lose the case or get shafted in the settlement, Jon? } } However, this particular case may have fallen under the "competing product } issue. The main thing that brought them to Island's attention was the fact that the cover made it look like the new U2 single, not the new Negativland single, and because U2 were about to release a new single from an upcoming album they really didn't like that. If you have the cover, you'll see in a huge uncompromising take-no-prisoners font "U2", and at the bottom a small "Negativland". When Island found out about this (I think irate U2 fans were calling in complaining about how bad the new "u2" song was! :) they also found the uncleared song samples, and threatened to shut SST down. The out of court settlement was around 80K, or so, which SST heaped onto Mark Hosler & gang... Both sides admit that had the cover been different, none of this probably would have happened. The thing preventing it from being repressed was Casey Kasem's parallel suit over the cuss-filled samples of his voice. } So what exactly can the KLF/Jimmy/Bill do about "Wanda Dee and the } KLF" roaming about? Is a trademark a trademark a trademark.... Nothing if they don't pay their lawyers enough. You KNOW if it was "Wanda Dee and U2" going around, she'd be sharing a cell in Ireland with the Kray twins :) } ObIDM: Keep an eye out for my new single "Coca-Cola" w/ "McDonald's" on } the flip side. Sure, I won't get a nasty letter from some lame lawyer-type } on retainer trying to justify his fee...... Last I heard AT&T were trying to copyright the logo "You Will". Sheesh. Brian