Feeds

Axl Rose may have undermined own case over Dr Pepper stunt

Website statement could imply acceptance

The essential guide to IT transformation

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
'Stop dissing Google or quit': OK, I quit, says Code Club co-founder
And now a message from our sponsors: 'STFU or else'
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
Felony charges? Harsh! Alleged Anon hackers plead guilty to misdemeanours
US judge questions harsh sentence sought by prosecutors
Oz biz regulator discovers shared servers in EPIC FACEPALM
'Not aware' that one IP can hold more than one Website
Apple tried to get a ban on Galaxy, judge said: NO, NO, NO
Judge Koh refuses Samsung ban for the third time
prev story

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.