Band Name Disputes: A History of Legal Battles

The Recent Clash Between Prince's Estate and Morris Day

The latest battle over band names involves the iconic musician Prince. When Prince passed away in 2016, his estate inherited his music catalog and trademarks, including the name "The Revolution." However, former Revolution member Morris Day recently contested the estate's claim, arguing that he had continued to use the name after Prince's passing.

A Recurring Issue in the Music Industry

Band name disputes are a common occurrence in the music industry. When a band breaks up, former members may argue over who has the right to use the group's name. This can lead to lengthy legal battles and can even result in the band's name being retired.

The Slants Case: A Landmark Victory

One of the most significant band name disputes cases occurred in 2017 when the Supreme Court ruled in favor of the band The Slants. The band had been denied a trademark for their name by the U.S. Patent and Trademark Office (USPTO) on the grounds that it was disparaging to Asian Americans. The Supreme Court's ruling overturned the USPTO's decision, establishing that trademarks cannot be denied based on their potential to offend.

The Ongoing Dispute Between Journey and Two Former Members

Another high-profile band name dispute involves the rock band Journey. Former members Steve Smith and Jonathan Cain are suing Neal Schon, the band's guitarist and co-founder, over the right to use the Journey name. The case is currently ongoing.

The Legal Precedent: Trademark Law and Band Names

The cases involving band name disputes demonstrate the default rule that trademark law will not prevent a group of individuals from using a name that is identical or similar to an existing trademark. However, there are exceptions to this rule, such as when the use of the name is likely to cause confusion in the marketplace.