Is this case a trademark infringement?
Party A writes a song. In the lyrics, they reference "SuperSword", a hypothetical vintage video game. The lyrics in question say, "As a kid, I beat the game SuperSword". The song with this reference later becomes relatively successful.
"SuperSword" is a trademark of Party B.
Can Party B take any action on Party A for referencing the title of their game in the music?
- ?Lv 61 decade agoFavorite Answer
Specifically in this case, that answer would probably be a no. As the song would reference the video game, and not try to use that name for a product or the name of the group.
- Anonymous1 decade ago
Maybe, but Party B's legal representative would advise them that A: while it might be infringement, Party A did not benefit from it, and B: it's free advertising.
Party B might be contacting Party A, but probably to ask if they could use the song in their advertising.
- BurtLv 71 decade ago
Not on this case. The game SuperSword is only mention, just as if you were drinking a Coke while playing it. There is no monetary gain by mention SuperSword. So the answer is NO
It is Free Advertisment for SuperSword.