The Broken Smiths: Value Your Band’s Trademarks
The recent controversy between Johnny Marr and Morrissey over the trademark ownership of The Smiths name underscores a significant issue in the music industry—the legal and emotional value of a band’s name as intellectual property. Marr, the band’s former guitarist, applied for exclusive rights to the trademark without consulting Morrissey, the band’s frontman. This move has reignited discussions about the importance of trademark ownership and control, especially when it comes to iconic bands. Morrissey’s frustration stems from the fact that the name The Smiths represents more than just one individual—it is a collective brand built through the efforts of all the original members.
This case highlights a fundamental challenge many bands face: how to handle the ownership of a name after the band breaks up or members depart. Unlike many businesses, where ownership can be clearly defined and transferred, a band’s identity is often tied to its key members, particularly frontmen. While a name like The Smiths carries considerable commercial and cultural value, it is also intrinsically linked to Morrissey’s role as the face and voice of the band. Therefore, Marr’s move to trademark the name raises questions about fairness, fan loyalty, and the true ownership of a band’s legacy.
Trademark disputes like this one show how vital it is for bands to establish clear agreements regarding the ownership and use of their name and other creative assets early in their careers. Without proper legal protection, these issues can become contentious, leaving room for disputes that could tarnish the band’s reputation or its ability to profit from its brand.
How Trademark Protection Helps Preserve a Band’s Legacy
Trademark management plays a vital role in ensuring that a band’s name, logo, and creative assets remain protected even as the band evolves. Although the business of the band can continue after lineup changes, maintaining the identity that fans connect with requires careful handling of these trademarks. A strong trademark protection strategy ensures that your band’s name and brand are secure, no matter the changes in personnel.
For example, the Red Hot Chili Peppers have successfully managed numerous lineup changes over the years, particularly with their guitarists, while maintaining a strong brand identity. Core members like Anthony Kiedis and Flea have kept the band’s name and logo protected, helping the group continue commercially and maintain fan loyalty despite the changes.
In contrast, Oasis provides an example of how losing a key member—especially the frontman—can disrupt a band’s connection with its audience. When Liam and Noel Gallagher parted ways, neither of their solo projects achieved the same level of success as Oasis. This demonstrates the difficulty of separating a frontman from a band’s identity and highlights the importance of protecting trademarks, especially when a key figure leaves.
Journey represents a rare case where a band managed to continue after replacing its iconic frontman, Steve Perry, with Arnel Pineda. Through strong trademark management and careful marketing, they were able to retain their identity and remain successful, despite the significant change in lineup. This shows that while challenging, it is possible for a band to continue if its brand is carefully managed.
What We Offer: Trademark Protection and Brand Design Services
At Markport™, we offer comprehensive trademark protection services designed to help safeguard your band’s name, logo, artwork, and other creative assets. Just like a business, your band’s legacy is tied to its trademarks, and protecting them ensures that your brand remains strong and secure, even if individual members depart.
Our services include:
- Trademark registration and management: Secure your band’s name, logo, and creative assets to protect your brand.
- Brand design and strategy: Develop a strong, recognisable identity that resonates with your audience and stands the test of time.
At Markport™, we focus on helping you manage and protect the trademarks that are key to your band’s success. To learn more about how we can assist you, contact us today: https://markport.com.au/contact-us/.