Brand Protection
08-12-09
The Carolina Hurricanes sued hip-hop artist Tyrone Banks over a song and use of Trademarks. The hockey team accuse Tyrone Banks of misusing Trademarks in his music video because he descibed it as “the official Carolina Hurricanes song” and wears a Hurricanes jersey.
The hockey club representative William Traurig stated, “We look at our name and our trademarks as our most valuable assets, and they need to be protected,”
The Hurricanes issued Banks a cease-and-desist notice in February 2009 which he responded by removing the term “official” from his website and added disclaimers. But that seems to not be enough, so the Hurricanes want Banks to stop wearing one of their jerseys in his promotional material and claim their franchise has been damaged by the unauthorized use of their Trademarks. Standard procedure for most legal court matters regarding Trademarks.
Even though there is probably minimal damage to the Hurricane’s image or Trademark, I expect them to win. This is an example that if you can’t convince someone to stop using your Trademark or pay you a license fee to use it, then a lawsuit is the only other method to protect these assets.
This means you should keep a contingency fund available for future legal matters of this nature. Expect the unexpected and be prepared!
May you never have to seek legal means to protect your brand…
Sandford Tuey
Tags: brand protection, Carolina Hurricanes, hockey, lawsuit, Sandford Tuey, Trademark, Tuey