Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

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?

3 Answers

  • ?
    Lv 6
    1 decade ago
    Favorite 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.

  • Anonymous
    1 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.

  • Burt
    Lv 7
    1 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.

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