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Miami, FL Law Blog for Entertainment Law, Business Law, and Public Interest

Monday, June 25, 2012

British band One Direction: Our name is 'what makes us beautiful'

By Pankaj Ladhar of Manos • Alwine P.L.

What's in a name?

A lot, if you are an artist. Hopefully, Miami entertainers understand that a name is how casting agents, prospective employers, fans and audiences identify you and distinguish you from others in your same field. Actors, models and singers have a strong incentive to protect their names and keep others from misappropriating them. After all, your economic livelihood depends on it.

Recently, a U.S. band filed an entertainment lawsuit against a British band of the same name. What's interesting here is that British band is One Direction, the group of five teenage sensations responsible for the massive hit "What Makes You Beautiful," and the U.S. band is also called One Direction, but has never found success.

The U.S. one direction claims that it has been using the One Direction name since 2009, a full year before the members of the British One Direction made their debut on the reality TV show "The X Factor." They are seeking $1 million in damages.
The British One Direction, however, has countersued. Its legal team alleges the U.S. band is trying to extort money from them and take advantage or their success. It has accused the U.S. band of "fraud, oppression and malice."

The British ban's countersuit is the newest development in the case, so at the moment it is anyone's guess how this lawsuit will turn out. Of course, having a strong, experienced entertainment lawyer on your side increases your chances at (but does not guarantee) a victory.

Source: E! Network, "One Direction Countersues American Boy Band With Same Name," Brandi Fowler and Baker Machado, June 22, 2012
 


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