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Song title including the name of a cult - legalities ?


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  • Noob

I've written a rather droll song about a cult I used to be in.  

 

The cult (new religious movement - if that's your preference), ceased to use the name a long time ago but the early name I want to use is what several web references have used and also how insiders still refer to it. 

 

I checked and they do not hold a trademark on the name but a singer and an artist use the name but with variant trademarks using another word/name as a qualifier, no doubt because a small european food importer currently holds the exact name trademark.

 

I can't see my song as falling under "passing off" in competition with a food company but wanted to be on the safe side. I notice that Louis Thereoux managed to  title his recent Scientology movie as "My Scientology Movie"

(totally unrelated to the group I was in) so I thought I'd do something similar:

"My < group name > Adventure" 

"Our < group name > Adventure"

"An  < group name > Adventure"

 

What do you reckon - anything else to look out for?

 

 

Edited by niles
omssion
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  • Noob

Well, as if I didn't know already, legal guys are a cagey bunch, I've asked a couple

and it's sort of left hanging. 

 

As long as this group don't hold the trademark for the name (they don't) there's nothing they can do in that regard, but the most likely scenario involves takedown approaches from their lawyers or solicitors (sabre rattling) aimed at whatever sites are hosting the file, that's most likely as far as it would go. Many sites would just comply whether the approach was merited or not, they don't need the hassle. Fair enough! 

 

As for action from the holders of the near or exact trademark, I couldn't get a straight answer

 

So.......I interpret that as a distinct possibility.  lol

 

Word of mouth with an oblique title might be a better option for me.

 

Nice speaking to you Tom

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