US One Direction sue UK One Direction

[Sm1ffj]

An American pop-punk band called One Direction are suing the UK’s One Direction over who has the rights to use the band name One Direction.

The American One Direction claim they formed in 2009, a year before Niall Horan, Zayn Malik, Liam Payne, Harry Styles and Louis Tomlinson got together on X Factor. Also, the US’s band’s debut album, The Light, went on sale in February 2011, eight months before the UK’s One Direction released their debut album, Up All Night.

To make matters worse, not only have confused American fans being purchasing the American One Direction’s album when they meant to buy the UK band’s album, US TV channel NBC accidentally used one of the American One Direction’s tracks on their Today Show programme as a soundbed for footage of the UK’s band’s recent visit to the US! FML!

The US One Direction claim they are entitled to nearly £600,000 in damages, plus three times the profits the UK’s One Direction have made.


Interesting



Source OCC

[o]

You'd assume things like this were checked when you plan to release in America, obviously not.
lol at the fans buying the wrong album, bet that gave them a surprise!

[Earl Purple]

Probably should just have an arrangement that in the US, the UK band have to use a different name, and vice versa. Has happened before, e.g. the Spinners being the Motown Spinners and then the Detroit Spinners here and Charlatans being Charlatans UK in America.

[vastar iner]

Apr 11, 2012 12:51:47 GMT 1 o said:

You'd assume things like this were checked when you plan to release in America, obviously not.

There are two difficulties with that.

1. Many times the same name is used simply because there are so many obscure acts around. Only if something is lodged with a trademark registry would it be obvious. You’ve only got to see the Same Old Brand New You thread to see how many times names have been recycled from charting acts let alone some stochastic singer from Cincinnati.

2. Finding a new, imaginative name requires One Direction to have the merest scintilla of originality. You may as well ask a norovirus to prove Pythagoras’ theorem.

[Earl Purple]

When there are two that are both active at the same time it gets more confusing though.

The Blue, Mr Big and Space of 1977 were not really particularly active when new bands used those names. Also if you want nobody to copy your name come up a name that doesn't exist anywhere or at least mis-spell it on purpose like Beatles. (Also makes you more googlable).

It became an issue when downloads became more prominent and you would search for the artist name and find both. That has happened a few times to me, sometimes exactly the same name, sometimes the word "The" in front of one band name but not the other. There were two artists called Beulah active, one a male rock band the other a female singer around the same time and when downloads first became prominent, a search on Beulah would come up with albums from both artists listed as one.