[salmonjunkie]

I have a question regarding the legality of using a term that is the name of both an event and the name of a city.

My band and some others are putting together a compilation CD that will be passed out at the Coachella Arts and Music Festival. We've got a few sponsors on it so far, and are close to printing and pressing this all out. But there's an issue right now of whether or not we can use the word "Coachella" on the CD art.

I say we can't. "Coachella" as well as the term "Coachella Arts and Music Festival" are both owned by Coachella Music Festival, LLC. Will (another guy in this project) really wants the word on the CD art.

However, "Coachella" is also the name of a city and valley. Are we able to use the term, with a disclaimer that says "This compilation is not endorsed by Coacella Music Festival, LLC"? Is it even needed?

Also, consider we're not selling these, we're giving them out. However, there is was money involved with sponsors, and it is being used to promote a product, namely, the music of the bands on the comp.

Because we're not selling these, and we're only going to end up presing about 1000 of them, what kind of trouble could we potentially get into?

I attached the CD cover, and I also attached the proposal that they've been sending to potential sponsors. Hey, maybe you guys know some sponsors who might be interested? We've got most of the money needed to press this thing, but we're short maybe one or two.

Any help will be appreciated. Thanks!

[williamssl]

I recall atothej talking about either trademark or copyright law OOver there. U2U him on the OO boards.

[The Canadian Content]

AJ was talking about copyright law. The two are similar in a lot of respects.

Thai, I was thinking you'd be 100% safe using "Coachella" on the art -- until I saw the CD cover. You definitely wouldn't have any problem using the word, especially with the disclaimer, except for the fact that you're advertising it as the "Coachella After Party," which strongly implies an affiliation. You would still likely get away with it, except that if anything goes wrong at the event (see recent "Nickelodeon Awards After Party"), the organizers of the festival would pretty much have to take legal action to prove they had nothing to do with your event.

So, I think you're fine using "Coachella," but not implying the connection to the festival.

Of course, I've only got one trademark/copyright law course under my belt, and that was about 4 years ago, so what the hell do I know?

[salmonjunkie]

thanks, Psycho. Yeah, I u2u'd AJ, and he gave me some good information.

Thanks, guys.