AVICII - Brand crucial for protecting the name of deceased artist

© Shawn Tron

The tragic death of one of the world's most famous DJs, AVICII, does not mean that his intellectual property rights have come to an end.

In fact, a strong IP portfolio makes it easier for his heirs to properly manage his estate. However cruel it may be, the value of a deceased celebrity's name generally remains high, even after that person has passed away. This is also the case with AVICII, whose music is still played daily on the radio, television, and in clubs. 

Within the intellectual property portfolio left behind by a deceased person, trademark rights are crucial in preserving and protecting the name of the deceased. These exclusive rights allow control over who may and may not use the name, logo, etc. and enable action to be taken against infringement. It is crucial, however, that the trademark itself remains in use by the heirs. In Avicii's case, this seems to be well taken care of with a special museum in his honor and plenty of merchandise.

The fact that these trademark rights sometimes need to be enforced was demonstrated recently when Avicii AB, the holder of the trademark rights, filed an opposition against a European trademark AVICII for beverages, filed by a Spanish party. Because the rights were properly registered, Avicii AB easily won the opposition. The Spanish applicant did file an appeal, but changed its mind during the proceedings.

This case underlines a broader message: if you want to protect an artist name—or the reputation behind it, take care of it in a timely manner. Register the name as a trademark in all relevant countries. And that doesn't just apply to superstars. Smaller artists, bands, or influencers also build value with their names. And you want to be able to protect that value, now and in the future.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.