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What Is A Trademark, What Are Trademark Rights?

1While copyright tends to get the most coverage when it comes to music industry law, trademarks and trademark rights are also incredibly consequential to any artist, band, or DJ. Here we look at the importance of choosing a unique trademark and ensuring you register it through the proper channels.

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In this most recent article on MusicThinkTank, contributor Wallace Collins explains how trademark rights work in the music business, and what you need to do to properly establish a trademark.

"The first person to use a trademark has superior rights over a subsequent user of a similar trademark. The criterion for determining infringement of a trademark is the “likelihood of confusion” test. Under the Lanham Act (which is U.S. Federal Law governing trademarks), use of a trademark likely to cause confusion, mistake or deception by the public is prohibited. If your name or mark is deemed to be confusingly similar to a previously existing trademark, the prior user will have grounds for a trademark infringement action against you."

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