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Blue_true

(31,261 posts)
11. According to what I read, she was using the name professionally for close to two
Mon Jul 13, 2020, 07:52 PM
Jul 2020

decades. One of the things that need to be done when researching an intended Trademark, is make sure it is not in use. I don’t know whether the “in use” covers non-trademarked ownership like the African American singer was likely relying on. But, part of their research should have included the field that they are in “Music”. Trademark research needs to be very exhaustive (from my understanding) to avoid exactly what has happened.

I really don’t know whether the Country band has a clear cut win on this, especially if the soul singer can present event bookings from way back showing her use of the name, not to mention checks and other things from event organizers.

Maybe the Country band is suing her just to get her to the negotiating table to talk. At the least, if the lawyer that did the Trademark research and filed the Trademark is the lawyer representing them, maybe they should get someone else.

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