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Making it in the Music Business: The Business and Legal Guide for Songwriters and Performers by Lee Wilson

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Chapter 6. The Name Game

As long as you can’t look at a CD or a cassette and see what it sounds like, trademarks will continue to be almost as important to the music business as copyrights. In the recording industry, the music sells the album, but the trademark lets you find the record you want to buy. Consequently, trademark infringement lawsuits are a very serious matter for anyone unlucky enough to be either a plaintiff or a defendant in one. If you read this chapter, however, you’ll know how to avoid the problem of trademark infringement and the misfortune of trademark infringement lawsuits.

A trademark is a word, phrase, sound, or symbol that represents in the marketplace the commercial reputation of a product or service. (Lawyers use capital ...

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