Intellectual Property Law

When Areas of Law Cross

By Anthony Verna, Esq.

BLACK SABBATH is a registered trademark number 2399391. Iommi registered it back in 2000.

There are a couple issues in this situation that do not seem to be covered in any article. How long has Ozbourne not been using the name (which is briefly touched upon elsewhere)? Was there any agreement (doubtful) when band members broke up? And, what do state laws have to say about bands?

Yes, state laws. There are many states who are protecting band names as long as there is at least one member of the original group in the current group.

In this situation, I do have to wonder about Osbourne's claim since he has not been using the name of Black Sabbath himself for many years and now suddenly he wants to reclaim the rights to the mark. Federal law should prevail over state law, but that issue is never clear-cut.

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The web seminars have been popular, so I will continue to do them.

Copyright and Trademark Law for Small Businesses

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This will be a webinar on copyright and trademark law for small businesses. Learn what a trademark is. Learn what a copyright is. This is going to be a primer so that you're familiar with the terms and with the differences between these areas of intellectual property. Don't hesitate to protect your trademarks and copyrights!

Title: Copyright and Trademark Law for Small Businesses

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The Trademark, Copyright, and Entertainment Law Forum is written by Anthony Verna. Please note that it is for the discussion of recent developments in these areas of law. The forum is not a space for legal advice. Please seek the help and counsel of an attorney for your legal needs. Visit the Law Firm of Anthony Verna - www.nyctrademarks.com.

Full post as published by Trademark, Copyright and Entertainment Law Forum on June 02, 2009 (boomark / email).