
Ronald S. Bienstock
Partner
201-896-7169 rbienstock@sh-law.comFirm Insights
Author: Ronald S. Bienstock
Date: May 26, 2016
Partner
201-896-7169 rbienstock@sh-law.comLast year, Taylor Swift made headlines when she filed trademark registration applications for several of her song lyrics and titles. The reigning pop queen is seeking to obtain marks such as “This Sick Beat” and “Cause We Never Go Out of Style” for goods ranging from wigs to cookware.
While Swift certainly generated a lot of media attention, her trademark ownership tactic is not novel. Rather, it reflects a growing trend for pop stars, entertainers, and musicians to seek to trademark lyrics as “merchandise catch phrases.” Jimmy Buffet’s Margaritaville Enterprises, LLC has more than 700 pending trademark applications and registrations. The estates of Michael Jackson and Elvis Presley have also obtained trademark registrations for song lyrics and titles.
While both are intended to safeguard intellectual property, trademarks and copyrights offer distinct legal protections. Song lyrics are typically protected via copyright registration. Under federal law, works of authorship that have been tangibly expressed in a physical form, such as songs, books, movies, and works of art, are subject to copyright protection. Once a copyright is registered, the holder can control how the work is reproduced, distributed and presented publicly, as well as sue infringers in federal court.
In contrast, a trademark is a word, phrase, symbol, and/or design or product configuration that identifies and distinguishes the source of the goods of one party from those of others. Common examples include brand names, slogans, and logos. Federal registration in some circumstances creates a legal presumption of ownership nationwide, and provides the exclusive right to use the mark on, or in connection with, the goods or services listed in the registration.
Trademark law is intended to protect consumers from being deceived and purchasing inferior goods, or from being confused as to the source of those goods. However, musicians are increasingly using it as a sword to prevent other businesses from exploiting the song lyrics and phrases. Even if artists like Swift never actually use the marks in commerce, they can still attempt to exclude others from commercializing their lyrics while the application is pending.
This practice is thus fraught with hazards when a trademark is sought to usurp copyright. Common phrases in songs now will be fought over, and usages both in copyright and trademark will be blurred.
Do you have questions about this topic or would like to discuss your intellectual property or entertainment needs? Please contact me, Ron Bienstock.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
The bankruptcy legal landscape presents both challenges and opportunities for businesses navigating financial distress. Understanding current bankruptcy trends can help businesses make more informed and strategic decisions. Corporate Bankruptcy Filings Trending Upwards Bankruptcy filings continued to trend upwards in 2024. According to statistics released by the Administrative Office of the U.S. Courts, personal and business […]
Author: Brian D. Spector
In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]
Author: Kenneth C. Oh
On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!