Remarkable
That's a very low damages claim, as these things go. Which indicates (to me, at least) that she may have had a decent point rather than just a pack of hungry lawyers to feed.
A German music festival dedicated to the work of unconventional rock musician Frank Zappa can continue to use a version of his name without infringing on the trademark rights of his estate, a court has ruled. Zappa's widow cannot enforce her rights to the Zappa trademark in Germany because she has not used it in commerce there …
Look, the fact that a trademark exists doesn't mean that nobody can SAY OR WRITE the word. It just means you aren't allowed to use it for your own products or services (and even then, it's only a big deal if your offering is in the same sector, e.g. both stationery or both foods).
"A German music festival dedicated to the work of unconventional rock musician Frank Zappa can continue to use a version of his name without infringing on the trademark rights of his estate, a court has ruled."
The festival is dedicated to FZ, yet the promoters don't want to contribute to the estate? In my mind this is just wrong ... "Plastic People" pretty much covers it ... May I be the first to offer the German authorities a dog-do snow cone?
Some bloke in Germany decided to start selling products about Frank Zappa without permission from his estate. The estate finds out and tries to stop him, and the courts say no? Hmm. Does this mean that said random bloke now by default holds all Zappa-related trademarks in Germany?
Also, @Anonymous coward in post no 1: it's not really a broad exclusive right, not expecting people to sell stuff with your name on and it's clearly about you without even consulting you.
That's the point, really. There's a big difference between selling a vacuum cleaner called "Dyson" (which is "passing off" and a trademark violation) and selling a book/painting/song/etc "about" Dyson (which ought to be allowed - but who knows ...).
Remember the long-lasting case against Aqua for the "Barbie Girl" song? That was - eventually - deemed not to be a trademark violation.
However, many cases seem very unclear. We've already seen responses to this article claiming the judge was obviously right, and other responses claiming the judge was obviously wrong. To me it seems like he was right, but I wouldn't claim it's completely obvious.
I can see unauthorized biographies (for example) might be something here, but I still wouldn't really appreciate someone using me (however unlikely that is) as a basis of making money for themselves, without even asking me. Hmm.
I've just gone and looked at the store itself (go my German!) and to be honest there doesn't seem to be anything to particularly get worked up about. The way I read the article, they were selling t-shirts with Frank Zappa's name all over them, etc., but they don't appear to be.
Wow, his karma just ran over his own dogma. Don't see much of that these days ...
I did however have a similar experience a couple of days ago when a YAHOO link invited me to see pictures of Kim Kardashian and a wax model of Kim Kardashian in the same pink dress. I was immediately seized by an evil, repugnant, anti-Hollywod thought. It was: "why pink ?"
Feeling much better now. Thank you for asking.
These "estates" and record labels and publishers should have 10 years of rights over some dead person's work, if that much, and then it should go to public domain. If the author is not around to get the profit, what's the moral justification for these restrictions? Why do the relatives of dead artists deserve to keep leaching off of the past work instead of relying on inheritance and going to work themselves like everyone else? It's just lobbying by the publishers, of course, no morality involved.
AC hit on the nail: only Frank (or his underage progeny, as a special allowance) should be liable to collect anything -- the others are only leechers (the real ones).
On a side note why are we able to comment on OUT-LAW.com dispatches, but not on Orlowsky spew (such a this one: http://www.theregister.co.uk/2010/07/01/leechers_unloved/)? Maybe the reason is El Reg is engages in an undercover campaign by proxy on behalf of the payturds? It's stuff like this that really pisses me off and drains my love for you guys...
Dear Sarah, I'm sorry to have caught you in my flack -- rest assured it wasn't meant for you at all. As I said, I love El Reg, even if I have to cope with the likes of Orlowski, who seems to gather all the right facts, but has big difficulties grasping the implications -- and then gets a special 'no comments' status when he publishes. I only allowed myself to vent it here, because the matter was somewhat related. Peace!
I've got quite a few Zappa albums, mostly on vinyl.
However, I don't think his widow has any right to stop his fans from keeping his memory alive.
He sold millions of albums, and probably still does.
Is that not enough for her? I am sure she will not need to work to eat. Ever.
Stop. Because she should.