Can fictional bands defend their rights? SPINAL TAP has filed an Amazon infringement case!

Spinal Tap heavy metal band is fiction! Because it is a mockumentary film, it is a comedy film initiated by three members, but they finally turned the film into reality and formed a Spinal Tap band to perform.

This Is Spinal Tap, a famous rock mockumentary in 1984, fictionalized a heavy metal band named Spinal Tap, and the director disguised himself as a loyal fan who filmed a documentary tour for the band. At the same time, they also wrote a lot of songs and toured the United States and Britain as the Spinal Tap band.

Basic information of the case

Prosecution time: July 27, 2023

Case number: 23-cv-04912

Brand: Authorized Spinal Tap LLC

Law firm: tmelaw, p.c.

The latest development of the case

Can fictional bands defend their rights? SPINAL TAP has filed an Amazon infringement case!

Brand information

The American trademark SPINAL TAP applied for registration on October 14, 2016, and was opposed on May 22, 2018. Fortunately, it was officially authorized on September 21, 2021 with the registration number of 6493486.

The trademark covers the following two categories:

Category: Printed materials, such as posters, calendars, commemorative books, note cards, temporary tattoo transfer, decals and stickers, are all related to the information of music and performance groups.

Category 25: Clothing, including T-shirts, long-sleeved shirts, shirts, jackets, sweatshirts, pullovers, hooded pullovers, trousers, shorts, sweatpants, household clothes, pajamas, boxer shorts, boxer briefs, underwear, headscarves and hats, etc.

In addition, the trademark of the same name was registered in different categories on April 16, 2021. Although it was opposed by others in August last year, it was finally successfully registered with the registration number of 7108522.

The trademark is registered under the following categories:

9 categories: wireless chargers, wireless speakers, batteries, downloadable music files, pre-recorded DVDs and CDs containing music and video games, earphones, audio-visual earphones for playing video games, downloadable electronic publications, including newsletters and e-books in the fields of music, movies, comedies, music and movie fans.

Trademark copyright information

Can fictional bands defend their rights? SPINAL TAP has filed an Amazon infringement case!

Can fictional bands defend their rights? SPINAL TAP has filed an Amazon infringement case!

Examples of infringing products

Can fictional bands defend their rights? SPINAL TAP has filed an Amazon infringement case!

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