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So sang Manchester’s great Morrissey in the tune “There Is a Light That Never Goes Out” (1986, from The Queen Is Dead), but he and his cowriter/founder Johnny Marr are involved in a trade mark spat.
On Morrissey’s website, he claimed that
“J Marr has successfully applied for 100% trademark rights / Intellectual Property ownership of The Smiths name. His application has been accepted on whatever oaths or proclamations he has put forward. This action was done without any consultation to Morrissey, and without allowing Morrissey the standard opportunity of ‘objection’. Amongst many other things, this means that Marr can now tour as The Smiths using the vocalist of his choice, and it also prohibits Morrissey from using the name whilst also denying Morrissey considerable financial livelihood.”
Johnny Marr’s legal team responded with that Morrissey’s statements about the trade mark of The Smiths’ name were “incorrect,” adding: “In 2018, following an attempt by a third party to use The Smiths’ name – and upon discovery that the trademark was not owned by the band – Marr reached out to Morrissey, via his representatives, to work together in protecting The Smiths’ name….A failure to response led Marr to register the trademark himself. It was subsequently agreed with Morrissey’s lawyers that this trademark was held for the mutual benefit of Morrissey & Marr.”
Marr’s management further said that an offer of joint ownership between the two men still requires the signature of Morrissey.
A direct quote attributed to Marr added: “A direct quote attributed to Marr added: “To prevent third parties from profiting from the band’s name, it was left to me to protect the legacy. This I have done on behalf of both myself and my former bandmates. As for the offer to tour, I didn’t ignore the offer – I said no.”
The Smiths are widely regarded as one of the most influential bands of the 1980s, known for their distinctive sound, which combined Johnny Marr’s jangly guitar work with Morrissey’s melancholic and often witty lyrics. Their music explored themes of loneliness, social alienation, love, and political disillusionment.
Trademark ownership dispute:
- Morrissey’s allegation suggests that Johnny Marr has been granted sole ownership of The Smiths trademark, which would allow him exclusive rights to use the band’s name, even potentially for live performances or new merchandise. If true, this would also prevent Morrissey from using the name for his own projects or tours, potentially limiting his ability to capitalize on the band’s legacy.
- This kind of action typically happens through official channels, such as a trademark application filed with a national or international trademark office (such as the UKIPO or USPTO). Normally, once a trademark application is filed, other stakeholders have the opportunity to file oppositions or objections. Morrissey claims he was denied this standard procedure.
Implications for Morrissey:
- Morrissey states that this decision impacts his financial livelihood by restricting his ability to use The Smiths name, which has been integral to his career. If Johnny Marr now controls the trademark, Morrissey may no longer be able to market himself or his work under any reference to The Smiths.
- Morrissey also suggests that Marr’s control over the name means he could tour as The Smiths with any vocalist, which could confuse fans or dilute the brand’s identity. This could further frustrate Morrissey, as his voice and persona were key to The Smiths’ original success.
Trademarkroom Team – with a big thank you for Michael Coleman for the pic x
Michael@trademarkroom.com
