A pop star’s name and image is their brand and that is what needs protecting. We worked with a rising star keen to protect her brand and image rights. We treat matters in confidence and cannot therefore reveal who she is.
Our client approached us to protect her name which she was going to use on merchandising. She also wanted to make sure that no other company exploited her name by using it on products which may mislead people into thinking that she was involved with it.
We talked to her about her plans and helped her decide in which jurisdiction she wanted to register her trade mark.
She came back to us and felt that she only wanted to target the UK, EU and US market as that is where her target audience would be.
Therefore we proceeded to register trade marks in these jurisdictions only. We conducted due diligence and filed an application.
The IPO came back with a few objections regarding the name. We used our experience and an innovative approach to manoeuvre around the objections and convinced the IPO that the trade mark was distinctive enough to be registered.
We reviewed the proposed merchandising contract. It was important to our client that she retained ownership of her image rights as they would be reused under her name. We negotiated the moral rights clause which initially included standard wording – i.e. the merchandise business acquires control – and reversed the position to leave our client in control of the image rights and how they would be used on the merchandised products.
It was important to keep control of how and where the merchandising would be distributed – quality control was a concern. The merchandising contract included provisions for products to be signed off before release by our client. If goods did not sell our client had the right to acquire them at negligible value to help preserve the brand and channels for retail.