Google Answers: Can I use the name of a band in advertising copy?

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Q: Can I use the name of a band in advertising copy? ( No Answer, 2 Comments )

Question

Subject: Can I use the name of a band in advertising copy?
Category: Business and Money > Advertising and Marketing
Asked by: sfmarq-ga
List Price: $10.00

Posted: 26 Apr 2004 18:12 PDT
Expires: 27 Apr 2004 11:52 PDT
Question ID: 336705

If I wrote a headline for an ad that said for example "Smashing
Pumpkins in the Living Room" would I need permission to use the name?
If I used names that were comprised of regular words like "Garbage" or
"Bare Naked Ladies" rather than names like "Limp Bizkit" make any
difference? I'm not looking for a legal opinion, just some basics on
copyrights.

Clarification of Question by sfmarq-ga on 26 Apr 2004 18:20 PDT
The ad  would not be for the band but rather for a device like an MP3 player.

Answer

There is no answer at this time.

Comments

Subject: Re: Can I use the name of a band in advertising copy?
From: pinkfreud-ga on 26 Apr 2004 18:15 PDT

I think you need info about trademarks rather than copyrights. Using
someone else's trademark without permission can get you into legal
difficulties.

Subject: Re: Can I use the name of a band in advertising copy?
From: sfmarq-ga on 26 Apr 2004 20:42 PDT

Agreed, but are the words "smashing pumpkins" when used together a
trademark or are they just two words? Does it depend on whether I
intend it to mean the name of the band or the activity of crushing
large gourds?

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