I still would imagine that if the band ever got even close to mainstream, or if FMI would get serious about marketing the Sunn brand, the band and any of their pseudo “labels” would find their butts in a courtroom.
Why would you think this?
Seriously, I wouldn't think FMI has any legal legs to stand on. I'm certainly not a lawyer, but I can see these concerns:
o FMI certainly doesn't own the word "Sunn". It was used as a name (for people as well as businesses) long before even old Norm though of using it for an MI company, regardless of how he might have justified it. It's even used as part of the name of a pseudo hemp plant.
o "Sunn O)))" is not a copy of the Sunn logo. It would never hold up in court as easily mistaken for the brand, like a Telecaster headstock outline would. This wouldn't either, even though it's closer.
o I don't believe the band has any intent... nor would they derive any benefit... from being associated with FMI. This could be debatable.
I guess I think the use of a name, unless there is an obvious intent to deceive (e.g. by sucking off FMI customers without knowledge on their part) is kind of fair game.
That's why we have Gibson as an MI company. And we have the Gibson which is sort of like a martini. There was/is a Gibson company that made household appliances, and we have parts companies still selling parts for these Gibsons. Then of course we can't forget the Gibson that drew the Gibson Girl for us.
If all it took was a name to be able to sue... Heck, if that were true you might not be able to get your fender repaired at a body shop.
Unless of course the aforementioned body shop was advertising "fender" repair using the attached logo...
It doesn't even take a "name" to sue. Frivolous law suits abound in our system of jurisprudence.
I could file suit against
you Monday morning for some percieved slight in one of your posts; defamation, libel, etc., just to make your life miserable for a few months...
If I felt like flushing several thousand dollars down the toilet, and making myself
wide open for legal recourse!
As far as "legal legs", maybe yes, maybe no, that's for a court to decide.
But, as I will attempt to explain, it's likely a moot point.*
I think the Sunn logo is close enough, but If I was a gambling man, I'd bet we'll never know. To actually make it to trial would take a "perfect storm";
FMI would have to decide to resurrect the Sunn brand.
(?)
The band would need to reach a level of popularity where it would become a factor.
(Come on! Doubtful at best; they play
one note songs for Pete’s sake...)
FMI's legal and marketing departments would have to determine that the band's association was detrimental to the brands overall appeal.
(Probably. while the band obviously has influence over some MI buyers, it's limited at best, and IMO mostly
not potential buyers who would normally pony up to
new gear price points. This, as with this entire dissertation, is pure speculation on my part, but I would imagine the "doom" genre is generally discredited among the demographic
normally associated with new gear purchases)
Most importantly, the band would need the fiscal wherewithal to do battle.
(Civil court can be a
very expensive proposition, I would think they would not have the war chest required for the task.
Unless some entity
with the resources should decide that the resultant publicity would equate to future revenue at a profit rate commiserate to the legal expense...)
Joe, I don't think I insinuated that FMI would necessarily
win litigation, that would be questionable, trying to guess which way hizzoner will rule is like picking the Super Bowl winner... the
2010 Super Bowl.
But they likely wouldn't
have to.
If FMI
were to file, Sunn the band either answers the call ($$$), or a cease and desist is coming their way tuit suite.
Again, I can't really imagine this happening, but I would follow it with rapt attention if it did!
*
The following opinions are purely speculative, and are not to be construed as legal advice or instruction in any manner.
