Wyrder And Weirder – Choosing And Protecting A Name

January 2006


Article by Sharon E Groom of McMillan Binch Mendelsohn LLP

This article looks at protecting band names and uses the recent law suit by the Canadian band The Wyrd Sistersagainst Warner Bros. for the alleged use of their name The Wyrd Sisters as the name of a band in the new film Harry Potter and the Goblet of Fire. The real life band has been around for 15 years and is claiming that the publicity that has been generated by the use of their name in the film (even prior to the film’s release) has created an unwanted association between their band and the film. As a result, they claim that people are going to be confused between the real band and the fictitious movie band. In addition to damages, the group is seeking an injunction to delay the release of the movie in Canada pending the resolution of this matter. The article goes on to review how you should go about choosing and protecting a name, slogan or logo for your business or other venture, to ensure that you do not infringe the rights of others and that you have the best possible protection for your name

LINK http://www.mondaq.com/article.asp?articleid=36620&email_access=on

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