Aston Martin Entertainment

[Jon39]

After the submarine, Miami flats and personal aeroplane, anything is possible, but surely there cannot be any connection with this new venture.

http://www.digitaljournal.com/pr/4136581?noredir=1

The firm are even displaying a logo, which looks almost the same as the original Bamford and Martin AM badge.

Edited by Jon39 on Tuesday 5th February 19:49

[bogie]

Maybe the founders just like the brand and aspire to drive the cars

[steveway]

I can see a law suit coming on!!

[telum01]

I got a call from one of AML's lawyers because I hand the wings logo on my website, one of several logos of brands I deal with. There's no way this dude isn't getting a cease-and-desist if not lawsuit.

[john ryan]

Not straightforward. Trade marks are all about reputation. Though it is a kind of third party plagiarism, AML have no reputation in music that I know of, and I doubt the relevant registrations have any mention of music - they will be restricted to inter alia motor vehicles and parts & fittings therefor. Probably a lawyers benefit only. Ownership of a trade mark is always linked to the goods and services on which the trade mark is used.

[murphyaj]

john ryan said:

Not straightforward. Trade marks are all about reputation. Though it is a kind of third party plagiarism, AML have no reputation in music that I know of, and I doubt the relevant registrations have any mention of music - they will be restricted to inter alia motor vehicles and parts & fittings therefor. Probably a lawyers benefit only. Ownership of a trade mark is always linked to the goods and services on which the trade mark is used.

Is that based on first hand knowledge of the law? I really don't know, but I'm curious because it doesn't sound right to me that I'd be legally able to set up any business I like and call it Aston Martin as long as I'm not making anything to do with cars. I recall a case a few years ago in my region where a local van hire company had a logo with a passing resemblance to Bugs Bunny, and Warner Bros forced them to change it. To the best of my knowledge Warner have never been in the van hire business. Or are names handled differently to logos?

[Jon39]

The registered name / business sector aspect is interesting.
Perhaps a PHer in the legal profession will comment.

I recall The Beatles had a registered (is it) trade mark on Apple, for their music company.
Later on when the (USA) Apple business began, it was only in the computer business, so I don't think The Beatles could do anything.
However, when (USA) Apple started selling music, that was when legal action began. Cannot remember what the outcome was.

[AdamV12V]

https://en.wikipedia.org/wiki/United_Kingdom_trade_mark_law said:

Conferred rights

The owners of a trade mark can legally defend their mark against infringements. To do so, the trade mark must either be registered, or have been used for a period of time so that it has acquired local distinctiveness (Prior Rights).

The extent to which a trade mark is defendable depends upon the similarity of the trade marks involved, the similarity of the products or services involved and whether the trademark has acquired distinctiveness.

A registered trade mark is relatively simple to defend in a court of law. An unregistered trade mark relies on the law of passing off (where one party's goods or services are presented in a way that causes confusion between them and the goods or services of another party).

Rights have also been recently extended with regard to well-known trade marks.

The Trade Marks Act 1994 states that "a person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered". A person may also infringe a registered trade mark where the sign is similar and the goods or services are similar to those for which the mark is registered and there is a likelihood of confusion on the part of the public as a result.

A person also infringes a registered trade mark where a sign is identical but the goods are dissimilar if the trade mark has a reputation in the UK and its use takes unfair advantage of, or is detrimental to, the mark's distinctive character or reputation.

[john ryan]

Jon39 said:

I recall The Beatles had a registered (is it) trade mark on Apple, for their music company.
Later on when the (USA) Apple business began, it was only in the computer business, so I don't think The Beatles could do anything.
However, when (USA) Apple started selling music, that was when legal action began. Cannot remember what the outcome was.

That is the classic example, and quite correct. I would add two things. The fear of expensive legal action, coupled with lack of bona fides, is a strong motivator to stop. The law is generally country specific, and for example quite different in the UK and US. Yes, you could decide to sell Chanel bicycles, or Kodak burgers - but it would probably end badly with much wasted effort and expense. Better to devote energy to a distinctive trade mark.

[telum01]

Aston Martin The Americas is a legal entity based in the US, so it doesn't matter if the knock off is in the US and AML is HQ'd in UK.
The knock off's logo is extremely close to AMOC's, shares a connection to AML. AMOC itself is a legal entity and has US-based branches.
AML has several 'lifestyle' branches (cars, boats, clothing, real estate, experiences, etc) so a knock off entertainment company would be easy to confuse with a legitimate AML effort.
An existing song, "Aston Martin Music" was directly related to Aston Martin's cars. Given that, when an average consumer thinks of Aston Martin music, they think of AML's cars. That can lead to the knockoff being mistakenly conflated with the AML brand.

The last point seems flimsy but it's part of building the overall case. The point of trademarks is to prevent one company from being mistaken for another, so the opinions of an average consumer are important.

I'm not a lawyer but this would be easy to put to rest. If AML can't win this argument, they need new lawyers.

[RL17]

Atlanta indi record label - youtube videos with a 10-20 hits in 2 months and a big RV and no name connection

Might just be waiting for a payoff

[john ryan]

[quote=telum01]
I'm not a lawyer but this would be easy to put to rest.

By no means a slam dunk - but faced with US contigency lawyers, and the fact that a costs award is generally not available in the US, the plagiarist would be better advised to fold rather than commit funds and time to fight. BTW, a case based on common law confusion, which you correctly identify, is very much weaker than infringement of a registered trade mark - which this is not. The reputation will belong to the UK company, not the US distributor/agent - at least, this would be best business practice.

[Jon39]

I found this on Wikipedia. Not sure whether it has any fit with the underlying theme of our topic, probably not. Goes back to 2010.
Perhaps AML were pleased with the association and publicity for their cars.

Are there any rappers amongst us? Enjoy the music and the cars from Newport Pagnell and Gaydon.

https://m.youtube.com/watch?v=a35rNEBNiO4

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Genre : Hip hopmafioso rapR&B

"Aston Martin Music" is the third single from rapper Rick Ross's fourth studio album Teflon Don. The song was released as a single on October 5, 2010. The song, which was produced by J.U.S.T.I.C.E. League, features vocals from Canadian recording artist Drake and American singer Chrisette Michele.

Directed by Gil Green, the music video was premiered on BET's "106 & Park" on October 13, 2010.[1] The video, filmed in Miami, Florida, contains Aston Martin models, including the V8 Vantage Volante, DBS V12 Volante, DB9 Volante and Rapide. Drake and Chrisette Michele are featured in the video as well as a cameo from rapper Birdman. It starts with a young Rick Ross determined to own an Aston Martin and live a luxurious life. Throughout the video, scenes of Ross's lover and her dilemma are played. The plot of the video demonstrates Rick Ross' lover taking the fall for a D.E.A. bust, and finding Rick Ross waiting with an Aston Martin for her to drive when she is released. The Leading model who plays the role of Ross's woman is Tracey Thomas.

........................................................................................................

Edited by Jon39 on Tuesday 5th February 19:58

[EVR]

Not sure if this is right place for it, but I was pretty sure its own thread was not needed...

An Italian "rapper" made a song titled Aston Martin:

https://www.youtube.com/watch?v=sBtYmYTD2d0

I believe it is borderline copyright infringement as he is freely representing the logo as well but whatever.

Probably NFSW, scantily clad ladies twerking on different gens of Astons and full of swearing, albeit in Italian. Not super sure about the full-on Milan-outskirts-low lifes vibes with the Aston image; I would have probably picked G-Classes or similars, but oh well he must be a fan.

If you feel like it, I can translate the whole thing (bet you cannot wait!), the refrain goes along the lines of:

*RANDOM HUMAN NOISES*
I pull up in Aston Martin dawg, I don't wanna look like you,
Tellin' all my brotha your b*tch will get home in taxi,
Grew up in the streets, throwing rocks at me,
She gives me wings, Aston Martin, Aston Martin.

Kudos for the Red Bull reference I guess...

For MisterBlu: it seems the cars have been provided by Magni & Carnevali Motors

[Jon39]

A 'blast from the past' topic revived.

Although I started this topic, I now wonder whether my memory is going.
I clicked the link in the first post, to try to remember, but the webpage displayed made no sense at all.

Perhaps they removed the lookalike logo. Mystery.

[Jon39]

EVR said:

An Italian "rapper" made a song titled Aston Martin:

https://www.youtube.com/watch?v=sBtYmYTD2d0

.....

I watched the video.

From your description, it probably comes across far better for me, because the only understandable words were Aston Martin.
Nothing else, including no swearing.

Under those circumstances (without meaningful words) perhaps AML might be pleased, in view of their apparent search for a new breed of 'younger wealthy customers' and their obsession with videos containing rapid flashing scenes.

For Italian speakers though, not a good association.

[EVR]

Ahah, I knew I could count on your answer!

Even if the video views are quite impressive, this stuff is pretty niche still, never heard of this guy before on mainstream media.

[Simpo Two]

Couldn't that Italian fellow have done the decent thing and used a hot hatch with a boot full of Halfords woofers innit, rather than bespoiling an Aston Martin?

[Davil]

I’m sure you’ve probably seen this one before. Much higher production value. 332 million views. That’s some pretty good advertising. Don’t think Aston would mind too much.

https://www.youtube.com/watch?v=a35rNEBNiO4

[Calinours]

Ahh, the Rick Ross ‘Aston Martin Music’ video. I think it’s absolutely great that the cars appeal to American rappers. It proves that it’s not just ‘old men’ or even ‘old white men’ who appreciate the cars, and shows AM really didn’t need to try quite so hard to attract a younger customer base - Astons have always appealed across demographics.

Slightly more mixed feelings about the sweary Italian chap though….🤔 - the comment about hot hatches and halfords above was a bit more on the money !