Black Sabbath
Trademark A Band Name – The Legal Battle Over “Black Sabbath”
In mid 2009, Ozzy Osbourne launched a lawsuit against former band mate Anthony Iommi over the rights to the famous BLACK SABBATH name. As a trademark lawyer with a music industry background, I have litigated and registered dozens of band names. This charade once again serves as a reminder to successful trademark owners, and even aging rock stars, “It’s all about the brand stupid.” Ozzy is claiming rights to 50% of the name and merchandising royalties garnered by former band mate Iommi, who registered BLACK SABBATH in 2000 at the U.S. Trademark Office and in Europe.
Ozzy acknowledges that he ceased to perform or use BLACK SABBATH from 1980 to 1996, only to return in 1997 when the two did a reunion tour. Iommi continued to use the name during those years, performing in small venues and struggling to keep the name alive. Ozzy’s hiatus is an indication of the abandonment of his rights but he claims immaculate resurrection based upon his wife’s management skills that reunited the group in 1997.
Osbourne’s official statement reads:
Throughout the last 12 years, it was my management representatives who oversaw the marketing and quality control of the “Black Sabbath” brand through Ozzfest, touring, merchandising and album reissues. The name “Black Sabbath” now has a worldwide prestige and merchandising value that it would not have had by continuing on the road it was on prior to the 1997 reunion tour.
A reading of the Osbourne complaint reveals yet another text book example of what not to do. It never ceases to amaze me how little importance successful artists ascribe to protecting and managing a valuable asset, the brand. Ozzy’s departure from the group was in 1980 and over the last 30 years, Ozzy either failed to heed proper advice, or neglected to engage expert trademark advice when he should have. The important question in this case whether or not there was an agreement as to who owned the name when Ozzy left in 1980?
According to the complaint, Ozzy says he signed nothing that indicated that he was giving up his rights. However, that is not necessarily determinative. Under U.S. law, if there is no written agreement stating otherwise, departing band members from a group operating as a partnership normally cease to have rights in the name while remaining members retain the rights. This is because the name is considered a partnership asset, and specific assets remain with the partnership. Absent an agreement, Iommi may as well have become the sole owner during the years he continued to perform in clubs under the name without Ozzy.
In the legal world, trademark owners are required to police their rights and monitor the trademark office for infringing filings. A valid registration on the books of the Trademark Office left unchallenged for nine years raises the question, exactly what was the management team doing to protect the brand? More important, for his allegations of taking care of the brand, Ozzy’s complaint alleges he did not know Iommi had registered the name until 2008! Where has Ozzy’s legal team been for the last nine years?
Although his trademark claim may be limited, Ozzy likely has a separate but valid claim against Iommi if he has been exploiting Ozzy’s name, image, and/or likeness without consent and compensation. Record companies routinely have the right to use their artist’s name, image and likeness for purposes of recording sales, but for endorsements or other commercial use the rights typically remain with the individual.
Thus, the moral of the story is that the law does not care if your Ozzy Osborne or Joe Shmoe, register your band name with a federal trademark registration, and clarify ownership of the name to avoid a legal catastrophe.
About the Author
Copyright 2008 Hodgson Law Group Cheryl L. Hodgson, J.D. For expert Branding advice visit:
http://brandaideblog.com
Visit us online:
http://www.hodgson-law.com
BRANDAIDE: Driving Your Brand to Distinction
Black Sabbath – War Pigs (Live in Paris 1970)
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Black Sabbath Masters Logo Mini Magnet BM 0014 $2.95 The Black Sabbath magnet can go on refrigerators lockers and most metal surfaces. The magnet measures 1 1 2 inches…. |
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Black Sabbath Paranoid Mini Magnet BM 0013 $2.95 The Black Sabbath magnet can go on refrigerators lockers and most metal surfaces. The magnet measures 1 1 2 inches…. |
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Paranoid $3.11 Though most of Black Sabbath’s classic material from this album (“War Pigs,” “Iron Man,” “Fairies Wear Boots,” and the title track) can also be found on the collection We Sold Our Soul for Rock & Roll, Paranoid is essential for the completist. One of the best albums from one of the bands to define heavy metal, this album is chock-full of the best stuff from Sabbath’s Osbourne years. (Where else wi… |
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Black Sabbath, Vol.4 $2.74 No Description AvailableNo Track Information AvailableMedia Type: CDArtist: BLACK SABBATHTitle: VOL. 4Street Release Date: 04/26/1988… |
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Black Sabbath $4.55 No Description AvailableNo Track Information AvailableMedia Type: CDArtist: BLACK SABBATHTitle: BLACK SABBATHStreet Release Date: 04/26/1988… |
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Story Vol 2 – 1978-1992 [VHS] $19.98 After Ozzy Osbourne’s departure for a wildly popular solo career, his bandmates soldiered on, and this second volume of The Black Sabbath Story continues the saga from 1980 to the mid-’90s. And what a saga it was: American belter Ronnie James Dio–direct from Rainbow–replaced Osbourne, followed by a short-lived Ian Gillan, etc. Dio and original guitarist Tony Iommi gobble up the bulk of volume 2′… |
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The Last Supper [VHS] $1.40 2 Hours – Songs Include : War Pigs / N.I.B. / Electric Funeral / Fairies Wear Boots / Into The Void / Sweet Leaf / Snowblind / After Forever / Dirty Women / Black Sabbath / Iron Man / Children Of The Grave / Paranoid… |
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30 Built-in Double Drawer Refrigerator With Sabbath Mode Sentry System Digital Controls Interior Lights White Interior & In With the largest usable capacity on the market Marvelrsquos refrigerated drawers incorporate stainless steel interiors which are both beautiful and provide the perfect environment for fresh food storage All models have full extension slides that… |
