UNITED KINGDOM: Dispute Between Former Members of The Smiths Highlights Need to Deal with Trademark Issues Early

The British indie band The Smiths was active between 1982 to 1987 and had hits like “Heaven Knows I’m Miserable Now” and “How Soon Is Now.” The band also had its fair share of public disputes. Disputes between two of the four band members, Johnny Marr and Steven Morrissey, were named as the cause of the band’s breakup. However, despite the band splitting up, the disputes between Mr. Marr and Mr. Morrissey have continued, and this recently also made headlines in the trademark world.

In August 2024, Mr. Morrissey claimed that The Smiths were approached to mount a reunion tour and were offered a significant amount of money for the tour. According to Mr. Morrissey, Mr. Marr failed to respond to the offer. Weeks later, Mr. Morrissey claimed Mr. Marr blocked the release of The Smiths greatest hits album. In September of this year, a statement on Mr. Morrissey’s website stated “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.” Mr. Morrissey stated that this would allow Mr. Marr to create a The Smiths touring band.

These recent claims prompted intellectual property professionals and The Smiths enthusiasts to scan the Internet and trademark databases for additional information. The trademark THE SMITHS, with reg. no. UK00003314626, was registered in the United Kingdom on September 7, 2018, by a company of which Mr. Marr is the director. No other trademarks connected to the band for THE SMITHS have been identified. But, as there are several trademark registrations for THE SMITHS, it can’t be excluded that there might be additional registrations connected to the band in one way or another.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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