[font=Franklin Gothic Medium, Arial, Verdana]THE OFFSPRING Have No Intention Of Backing Down From Using 'Chinese Democracy' Title - Mar. 31, 2003[/font] Despite receiving a cease-and-desist order from lawyers for GUNS N' ROSES singer Axl Rose, THE OFFSPRING have announced plans to indeed title their next release "Chinese Democracy" - the same name as the long-awaited GN'R album. "Axl ripped off my braids, so I ripped off his album title," declared THE OFFSPRING singer Dexter Holland on the band's official web site. "You snooze, you lose." "Chinese Democracy", THE OFFSPRING's seventh album, is currently being recorded in Los Angeles with producer Brendan O'Brien. The follow-up to "Conspiracy Of One" is scheduled for release in early summer.
[font=Franklin Gothic Medium, Arial, Verdana]THE OFFSPRING On 'Solid Legal Ground' In Title-Snatching Stunt - Apr. 1, 2003[/font] THE OFFSPRING are on pretty solid legal ground despite having openly admitted to having snatched the title for their next album from GUNS N' ROSES. "Trademark law does not come into existence unless the title is used in interstate commerce," according to copyright lawyer and co-author of "Musician's Business & Legal Guide", Greg Victoroff, who told Rolling Stone that copyright law does not extend to titles.
"[Right now], they're just two ordinary words," Victoroff said. "Under that analysis, it would seem that GUNS N' ROSES have no right to that title and THE OFFSPRING are free to use it in any purpose they wish." He added that unless GN'R's label has issued press releases touting the album, or the band has toured extensively under the album's name, then they have no real claim to the 'Chinese Democracy'."
According to Victoroff, trademark law was enacted to protect consumers from being confused, and though both OFFSPRING and GN'R play hard rock-inspired music, THE OFFSPRING should be safe as long as they are clearly named on the album's cover.
While a source close to GUNS says a letter from Rose's camp warning the OFFSPRING not to use the album title was sent earlier this year, an OFFSPRING spokesperson denied the existence of such a letter.
[font=Franklin Gothic Medium, Arial, Verdana]THE OFFSPRING On 'Solid Legal Ground' In Title-Snatching Stunt - Apr. 1, 2003[/font] THE OFFSPRING are on pretty solid legal ground despite having openly admitted to having snatched the title for their next album from GUNS N' ROSES. "Trademark law does not come into existence unless the title is used in interstate commerce," according to copyright lawyer and co-author of "Musician's Business & Legal Guide", Greg Victoroff, who told Rolling Stone that copyright law does not extend to titles.
"[Right now], they're just two ordinary words," Victoroff said. "Under that analysis, it would seem that GUNS N' ROSES have no right to that title and THE OFFSPRING are free to use it in any purpose they wish." He added that unless GN'R's label has issued press releases touting the album, or the band has toured extensively under the album's name, then they have no real claim to the 'Chinese Democracy'."
According to Victoroff, trademark law was enacted to protect consumers from being confused, and though both OFFSPRING and GN'R play hard rock-inspired music, THE OFFSPRING should be safe as long as they are clearly named on the album's cover.
While a source close to GUNS says a letter from Rose's camp warning the OFFSPRING not to use the album title was sent earlier this year, an OFFSPRING spokesperson denied the existence of such a letter.
