Community Chat

[raven-blackbird]

I think the family of the man who invented the "player" piano.........should sue Beckett for infringement......................................................raven

[Vickiv]

It's all about money money!

[Venezia]

This is the most ridiculous thing I've heard of in ages.  My first reaction was "Player?  Player who???"  I've heard the song "Baby Come Back" but never knew whom it was by.

It sounds like this guy (Beckett?) has decided he needs some free publicity and maybe a little cash.  Is he trying to restart his career?  I did some research after reading this thread and the band Player only ever had this one #1 hit in the 70s.  And he seriously thinks that people are going to associate it with his band?

Has he never heard the term "guitar player", which is what I thought Urban was referring to, as he's widely regarded as one of the best guitar players around today.

If the judge doesn't throw this out immediately, there really is no justice at all.  What a sad loser it makes this guy look like.

[gabstoomuch]

Ridiculous lawsuit. Money grab.

What aggravates me even more is that this guy will get paid off (which he probably knows already, hence the lawsuit) and settle out of court.

Keith and HSN have reputations to protect. This is such a fivolous accusation, but the PR people will come up with a $ offer to just make it go away.

[BabyYoda]

I agree it is ridiculous. Player who? Lol

[javala]

I bought the package because I thought it was an excellent investment and deal, has nothing to do with name, don't know Keith nor the other dud yelping...

[GingerPeach]

Trademark law requires that an owner of a trademark exercise their duty and responsibility to challenge anyone else who attempts to use an identical or similar trademark for similar goods or services.  If Beckett did not challenge anyone using his mark, he would lose it.  Beckett has been using it since 1977, per Trademark Office records.

Interestingly enough, Beckett's PLAYER trademark registration does not include either "guitars" (the instrument) nor does it include "instruction" to learn how to play an instrument, which are the two features of Urban's use of PLAYER connected with HSN.  Beckett's trademark registration only includes "Audio and video recordings featuring music and artistic performances by a rock band" and "Entertainment services in the nature of live audio performances by a rock band."  

Keith Urban is not using his term PLAYER for those two exact goods and services (although they are close), so Beckett may not have as good a case as he might think.  

Sometimes, however, use in a related field may be enough to allow a court to stop the secondary user.   It will be interesting to see if the court decides the use by Urban is similar enough to be an issue.  Beckett may have the principle of "zone of natural expansion" on his side.  This means that those  using a trademark for one specific item or service might be expected to use the same mark for related purposes at some point.  

No doubt Urban's people were already aware of the PLAYER trademark and were prepared for opposition by Beckett.  This is part of the due diligence businesses go through before adopting any name/brand/trademark.  It really has not as much to do with "deep pockets" as it does with the duty to protect your own trademark.