The plaintiff in this case is the rock band Bring Me the Horizon, which is owned by the music company BMTH Music. The rock band Bring Me the Horizon has been established for more than ten years and has 3.43 million fans on the video website YouTube. Each music album has received more than 1,000 reviews on the Amazon platform, almost all of which are five-star reviews, and the fan stickiness is relatively high. Currently, the band is mainly active in Europe, the United States, Australia and other places.
When it comes to "Bring Me the Horizon", I believe many movie lovers are more familiar with Captain Jack Sparrow's famous saying in the movie "Pirates of the Caribbean" - Now, bring me that horizon. In fact, this phrase is very common, but the editor found out that this band has registered the phrase "Bring Me the Horizon" as a trademark in the European Union and the United States .
The US Patent and Trademark Office shows that this trademark is mainly used for audio-visual products, printed materials and publications, clothing, entertainment services, etc. Sellers who sell such products need to pay special attention to whether this phrase is used. In addition to checking the product itself and the product page visible to users, they must also pay attention to the ST keyword , which is something that sellers tend to overlook.
In addition to this trademark, sellers must also pay attention to other creative elements of the band, as there may be copyright risks. It is understood that this band likes to print elements such as music album covers and band logos on peripheral products. Simple elements such as the umbrella and hexagon in the picture can easily be misused.
In addition to Bring Me the Horizon, Motley Crue, Sabaton, Green Day and other bands have recently filed infringement lawsuits. It is common for bands to file infringement lawsuits. The editor would like to remind all sellers that when checking for infringing elements, in addition to paying attention to the name of the band itself, you can also go to its official website to check the surrounding products. Generally, mature bands will have their own stores.
If the seller is accidentally complained of infringement, the seller needs to deal with it in time. After the law firm initiates the infringement lawsuit, if the seller does not refute, the law firm will require the seller to pay the infringement compensation by reaching a settlement; if the seller does not respond, then after the 21-day prosecution period of the case, the law firm will request the court to make a judgment in absentia, and the frozen funds in the seller's account will be awarded to the plaintiff. Amazon Infringement |
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