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deBrauwere Comments on Band Name Trademark Disputes

Billboard
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Pryor Cashman Partner Robert deBrauwere, who co-chairs the firm’s Digital Media Group and is a member of the Intellectual Property, Media + Entertainment, and Litigation Groups, spoke with Billboard about legal battles between musicians over who has the rights to a band’s name.

“What’s In a Band Name? Apparently Lots of Litigation” looks at a recent dispute between musician Morris Day and the Prince estate over the use of “The Time,” the name of a band Day fronted starting in 1981.

Commenting on this and similar disputes over band-name trademarks, deBrauwere says, “In my experience, lineup changes and leaving members have been the most significant issues, particularly if there are periods of time when the band is inactive…After such a lapse, which iteration or members has the right to use the name?”

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