I'm recording a kid's music CD, and wonder if I can use the trademark name Lego in the title and lyrics of my song? Anyone know? It will sell internationally on iTunes.
The precedent is with you, (but you could still end up in court) ...
Danish pop act Aqua stormed the charts in 1997 with ... Barbie Girl
Barbie's maker Mattel, in a lawsuit against MCA Records, contended that the song infringed copyright and sullied Barbie's image.
But Judge Alex Kozinski said that the song was protected by the right to free speech in the US constitution because it was a parody and a social commentary.
Also see Paul Simon s Kodachrome
Eastman Kodak Co. required the album to note that Kodachrome is a trademark of Kodak, and to include the registered trademark symbol (®) after the song's title.
BTW your pseudonym has an unsavoury meaning in the UK ... http://en.wikipedia.org/wiki/Cottaging
So cottager is probably not a good name to release childrens songs under.
Oh dear, I just live in a cottage. Thanks for the heads up. Or maybe I shouldn't say that either. But thanks really. Cottager's not the stage name. And not sure I want a legal battle either.
Hi Alden, a very good thing make a children cd, I make also sometimes children song, I can send you for listen one I made, but it is in Dutch !! Regards, Marcel And ofcourse good luck with your Children cd.... Oh in de weekend I looked the film "Waterboy" with Happy Gilmore..... There was a phrase in the film >> Goto a happy place.... maby a new tittle !!
I'd love to hear your music, Marcel! Do you have a website? Mine is www.aldenphelps.com
Alden, I have still no website I'll send an mp3 to your gmail ! mine start with delphi-de-brain@......... Marcel