Using old cult group name in song title

N

niles

Guest
Jurisdiction
United Kingdom
I've written what I consider to be rather droll song about a cult I used to be in. The track will be for free downloading or streaming, the name usage would be for searches as I'd like others with experiences of the group to come across it. I'm not seeking any income or restriction on use.

The cult (or 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 both 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" or similar

"Our < group name > Adventure"

"An < group name > Adventure"

The song itself doesn't mention any names or utilise anything the group have copyrighted

My other consideration was to set up a band using said < name > + Adventure (or similar) and leave the song title non-descript.

What do you reckon?
 
I reckon that you need to be checking with a solicitor in the UK, since this is a US board and US and UK law is not the same.
 
Point taken, although I've seen there is a lot of common ground.

it is an international group Their controlling company and admin is based in the States - Florida. Any web site takedown actions for copyright infringement I've seen in the past (unrelated to me) have stemmed from there. Sub groups outside of the States operate as franchises.

Tell me please, how does jurisdiction work on the internet? Very few music upload or video sites are based in the UK. And even if they have a distinct local geolocation url it is easy to upload to the dot com or .fr etc main site instead.


I spend half my time in UK and half abroad.
 
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Delete my account please.

I think you should plainly indicate that you only
answer USA based questions.

Your site appeared on a .co.uk google search with several topics regarding trademarks. My query covers both European and USA trademarks but you dob't appear to want to answer.

Bye
 
If someone comes along who knows UK law, they are more than welcome to answer your question. However, US and UK law are not the same and we do not have any regular posters who are versed in UK law. This is a volunteer board and so far no experts in UK law have volunteered.
 
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