Festivals Are Hot, but Don’t Get Burned by a Trademark Lawsuit This Summer

April 15, 2014
Apparel

Types : Bylined Articles

The Sundance Film Festival, South by Southwest (better known as SXSW), and The Coachella Valley Music and Arts Festival all present amazing opportunities for brands to connect with a coveted demographic: plugged-in 18-30 year-olds with disposable income, who are generally perceived as tastemakers among their peers.  The safest way for a brand to capitalize on the popularity of these events is through official sponsorship, but if that’s not in this year’s marketing budget, how can brands engage with the participants and social media followers of these events without infringing on the trademark rights of the festivals?

First and foremost, brands need to know whether the organizers of the festival have registered their trademark in the festival’s home state or country.  If the trademark is registered, they should then look to see the specific categories of products or services protected under that registration.  Brands should get advice about the local law, including exceptions to the rules regarding trademark infringement. 

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