ARE YOU SURE THAT LOGO IS YOURS?. . .5 SECONDS OF SUMMER CHANGES THEIR LOGO
One of the most common questions that we come across pertain to band names and logos. Are they capable of being protected and what happens if someone else had the logo or name first?
The first thing that you need to know is that logos and band names are critical to any performer, domestic or international, regardless of genre and regardless of your tenure in the music business. They become critical because of the power of association; a great logo means instant recognition. So, having your logo or band name pulled can be a major step backwards.
If you don’t believe me just ask Scarlett Johansson. The actress’ band The Singles, which debuted its first song earlier this year was hit with a cease-and-desist order from a previously existing band with the same name, fronted by singer Vincent Frederick. A representative from Frederick’s band stated that the cease-and-desist demand was sent demanding that they discontinue using The Singles as a band name and mark, given its continuous use by the prior group for more than 15 years.
The point? Take your name or logo seriously and be aware that your name or logo is always subject to attack. So, before you design a logo or become entrenched with one do your due diligence to see if anyone else is using it or a substantially similar one. Indeed, there is nothing worse than being told that your name or logo belongs to someone else (or that they were first to use it) and that you have to change yours.
Unfortunately, this is the case for mega-pop band 5 Seconds Of Summer which recently found out that its logo greatly resembled one used since 2001 by the streetwear label Undefeated. Although some legal experts doubted that claims of infringement would fly in court 5SOS recently announced via Twitter that they were forced to change logo design because of legal issues. The best way to understand the issue is to see the two logos side by side.
In response to the issue 5SOS came up with a new logo and below you can see 5SOS’ old logo and their new logo side by side. Although the jury is still out as to whether fans will equally embrace the new logo no doubt having to go through the change is something that 5SOS did not want to have to deal with. The point? Do your due diligence and make sure your logo is really yours and not someone else’s. Just ask 5SOS.
KEN “K BO” BIEDZYNSKI