Feeds

Axl Rose may have undermined own case over Dr Pepper stunt

Website statement could imply acceptance

Intelligent flash storage arrays

Jude Tonner, a trademark attorney with Pinsent Masons, the law firm behind OUT-LAW.COM, said that if this was a UK case, Rose's statement in March could undermine his own case.

"If Rose had stayed silent, he probably had a good case over the unauthorised press release. It's probably a trademark use and so in the UK there would be an argument of both trademark infringement and passing off," said Tonner. "We've seen cases like this before, notably when TalkSport used an image of Eddie Irvine without permission."

In 2003, racing driver Eddie Irvine won damages from radio station TalkSport Radio after it used his image in an advert without his permission.

"As a consequence of what appeared on the band's website, Dr Pepper will surely argue that Axl was happy and had given his permission," said Tonner. "It implies that he consents to the use. However, under UK law, the onus would be on Dr Pepper to prove this."

Earlier this year, rapper 50 Cent sued fast-food chain Taco Bell in the US after it invited him to change his name in a letter sent to newspapers.

"For one day this summer, change your name either 79 Cent, 89 Cent or 99 Cent by showing up to one of our more than 5,600 locations nationwide and rapping your order in the drive thru with your new moniker," it said.

50 Cent argued that Taco Bell used his image and trademarks to promote itself without his permission.

Tonner said that Rose's case might be limited to any detriment caused to the Guns N' Roses brand as a consequence of fans' ill-feeling towards the promotion.

Gutman's letter demands full-page apologies in national newspapers, an extended offer to consumers and "an appropriate payment" to Rose and the band.

Copyright © 2008, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Secure remote control for conventional and virtual desktops

More from The Register

next story
Bladerunner sequel might actually be good. Harrison Ford is in it
Go ahead, you're all clear, kid... Sorry, wrong film
Euro Parliament VOTES to BREAK UP GOOGLE. Er, OK then
It CANNA do it, captain.They DON'T have the POWER!
Musicians sue UK.gov over 'zero pay' copyright fix
Everyone else in Europe compensates us - why can't you?
I'll be back (and forward): Hollywood's time travel tribulations
Quick, call the Time Cops to sort out this paradox!
Megaupload overlord Kim Dotcom: The US HAS RADICALISED ME!
Now my lawyers have bailed 'cos I'm 'OFFICIALLY' BROKE
Forget Hillary, HP's ex CARLY FIORINA 'wants to be next US Prez'
Former CEO has political ambitions again, according to Washington DC sources
prev story

Whitepapers

10 ways wire data helps conquer IT complexity
IT teams can automatically detect problems across the IT environment, spot data theft, select unique pieces of transaction payloads to send to a data source, and more.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
The total economic impact of Druva inSync
Examining the ROI enterprises may realize by implementing inSync, as they look to improve backup and recovery of endpoint data in a cost-effective manner.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.