Feeds

Zappa's widow loses trademark case over own name

Website not use in commerce, court rules

New hybrid storage solutions

A German music festival dedicated to the work of unconventional rock musician Frank Zappa can continue to use a version of his name without infringing on the trademark rights of his estate, a court has ruled.

Zappa's widow cannot enforce her rights to the Zappa trademark in Germany because she has not used it in commerce there. The court said that use of the name on a US-hosted website was not sufficient to qualify as use in commerce, according to German newspaper reports.

The Zappanale festival celebrates the music of Zappa and sells merchandise featuring, amongst other things, images of his distinctive beard.

Gail Zappa said that the festival and merchandise breached the EU trademark rights held by her. The Higher Regional Court in Dusseldorf, though, disagreed.

It said that the Zappa name had only been used as part of a domain name of a website based in the US but accessible from the EU. That website had not used the trademark to sell or advertise products for the EU market, though, and so was not used in trade.

Trademark owners must use them to protect them. The court said that though the Zappa.com website had been live for years it sold no merchandise into the EU, according to German news site Der Westen.

Newspaper Der Spiegel said that Gail Zappa had claimed damages of €150,000 over the sale of merchandise and CDs related to the festival.

Copyright © 2010, OUT-LAW.com

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

Security for virtualized datacentres

More from The Register

next story
Found inside ISIS terror chap's laptop: CELINE DION tunes
REPORT: Stash of terrorist material found in Syria Dell box
Show us your Five-Eyes SECRETS says Privacy International
Refusal to disclose GCHQ canteen menus and prices triggers Euro Human Rights Court action
Radio hams can encrypt, in emergencies, says Ofcom
Consultation promises new spectrum and hints at relaxed licence conditions
Heavy VPN users are probably pirates, says BBC
And ISPs should nab 'em on our behalf
Former Bitcoin Foundation chair pleads guilty to money-laundering charge
Charlie Shrem plea deal could still get him five YEARS in chokey
NORKS ban Wi-Fi and satellite internet at embassies
Crackdown on tardy diplomatic sysadmins providing accidental unfiltered internet access
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Top 5 reasons to deploy VMware with Tegile
Data demand and the rise of virtualization is challenging IT teams to deliver storage performance, scalability and capacity that can keep up, while maximizing efficiency.
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.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.