Who owns the band name DEEP PURPLE? Deep Purple was the name of the favorite jazz song number of former guitarist of the band, Richard Blackmore. This guitarist left the band in 1993 but filed the name 20 years later as an European trademark. Ian Paice, a current member of the band, opposed this trademark. A legal dispute follows.
It is clear that little was arranged with regard to the name. There was no trademark registration and therefore Paice based his claim on passing off. But who was the owner of the name? This appears to be the band, whereas Blackmore was no longer part of the band, as he left the band in 1993.
If DEEP PURPLE was registered as a trademark, the situation would be clear who was the owner was and who was not. Filing an opposition against a younger trademark is also much easier. Trademark protection is very important for bands and DJ’s and can also prevent future problems with former band members. Thinking carefully about who should be the owner, is recommended when filing the name as a trademark.
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“Trademark protection gives freedom to do business.”