As soon as an artist/band becomes known, the names and images become trademarks, which have great value and can be used for commercial gain. For example, the use of a name/image of an artist/band can be licensed to a third party, for an agreed amount, to print on merchandise that is sold to the public, or to endorse products or services of companies etc.
It is highly recommended that artists/bands register their names/images as trademarks, as the registration itself is automatic proof of trademark rights. This makes it much easier to identify and license the rights. It also makes it easier and cheaper in the future for the artist/band to enforce its rights against an infringing third party. In the absence of trademark registrations, the artist/band would need to prove common law trademark rights (which are rights that can be acquired through use of a trademark). However, this can be complicated and is a much more expensive process.
There are various other forms of intellectual property protection that an artist/band should be aware of, including the copyright in music, musical lyrics, sound recordings, performance rights etc. If you are or represent an artist/band and would like to protect and understand all the intellectual property rights involved, please contact any of the trademark attorneys in the Adams & Adams Entertainment Law Group.
