James A. Rose

John Rich initially became popular in country music as a part of the duo "Big & Rich". This name also accurately describes his approach to trademark applications for a name he has been quoted as prizing and that now graces Lower Broadway in downtown Nashville - REDNECK RIVIERA and RR REDNECK RIVIERA (In the latter stylized design mark, the two letters "R" are stacked vertically on top of one another. The bottom "R" is upside down".). Celebrities are always helpful case studies for entertainment law. Taylor Swift made news in her early years of popularity with a merchandise trademark enforcement bust at some sort of concert event. Frankly, some celebrities' legal teams handle branding and trademark issues better than others. I applaud Mr. Rich and his team on their investment into the two above-referenced marks. But I wouldn't necessarily recommend this approach to my clientele. It is intriguing to see how developing creatives in N...

If you've been on Lower Broadway in Nashville recently (or even if you've been simply listening to radio ads associated with new honky tonk venues), you've likely noticed your share of country music celebrities who have opened up new restaurant and bar venues: Jason Aldean, Luke Bryan, Florida Georgia Line, Blake Shelton, Dierks Bentley, and John Rich are among those who have staked out territory in a thriving "It" city tourist mecca.  And if you're in the restaurant entertainment business, you may be considering your current brand or a total rebranding as a trademark. But what if your restaurant has a name that is similar to one of the brews on tap at the bar?  And what if you just happen not to have ownership rights in the name of the beer? Good news: You are not out of luck in terms of a federal trademark or service mark application.  In fact, just because another registered mark is exactly like yours doesn't mean that you should go looking for a...