Recently, Morrissey issued a brief statement wherein he said he agreed to a Smiths reunion in June but Johnny Marr did not. Today, Moz issued another statement where he appears to say Johnn yMarr owns The Smiths trademark: “Marr has successfully applied for 100% trademark rights / Intellectual Property ownership of The Smiths name. His application has been accepted on whatever oaths or proclamations he has put forward. This action was done without any consultation to Morrissey, and without allowing Morrissey the standard opportunity of ‘objection’. Amongst many other things, this means that Marr can now tour as The Smiths using the vocalist of his choice, and it also prohibits Morrissey from using the name whilst also denying Morrissey considerable financial livelihood. Morrissey alone created the musical unit name ‘The Smiths’ in May 1982.”
At Punknews, we requested that our crack legal correspondent look into the matter. In fact, in 2018, a company called NV Official TM Limited did register THE SMITHS trademark in the UK, in connection with music performances, pre-recorded media, and other categories. The directors of that company are Johnny Marr and Angerla Marr and the company registered the mark as UK00003314626. It appears the company was created for the purpose of registering THE SMITHS trademark.
However, the mark is not currently registered, or even pending registration, in the USA, meaning that it could still up for grabs. Further, simply because a mark is registered does not mean that the party claiming ownership cannot be challenged as to the ownership if the mark. So, unless there are other agreements or judgments to the contrary, Moz could challenge Marr’s current UK registration. Moz also could register the mark in the USA, the territory where the Smiths reunion was offered.
Morrissey, if you are reading this, we are offering a free 30 minute consultation regarding your trademark rights.
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Publish date : 2024-09-16 09:04:00
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