Brno - American metal band Metallica won a lawsuit against Czech entrepreneurs which registered the band's name with the Czech trademark register and were selling products branded "Metallica".
Metallica is the first world rock band which publicly protested against trademark infringement in the Czech Republic. Nontehless, as much as 18 names of famous rock bands are registered with the Czech Industrial Property Office - for example Slayer, Rammstein, Helloween or Nightwish.
Metal machine... for cash
The name Metallica is among the most profitable in the music industry - only in 2009 it gained more than 53 million USD from its US concert tour, which listed it among the top ten music bands in terms of business profit.
The name was registered in 1995 by a group of entrepreneurs from northern Moravia which used the name on its merchandize such as T-shirts, sweatshirts, shoes, bags, etc. Within a year the Czech group registered the name, the real band has already been a global icon, and it had already performed in the Czech Republic itself.
Nine Grammys of popularity
Metallica's objection against what they viewed as trademark infringement was voiced by drummer Lars Ulrich who represented also his fellow band-members. Ulrich argued the name Metallica is known all over Europe, including the Czech Republic.
"The name was registered to make a profit on the band's notoriety and popularity", Ulrich stated in his petition.
And the Czech Industrial Property Office backed him up. The office's head Josef Kratochvíl said in his verdict that consumers might have been under the impression that the merchandize in question were in fact produced by the band itself.
Among the evidence presented to demonstrate the band's popularity was Metallica's nine Grammy Awards. Also, the office learned about the band's merchandize profits in the past 10 years.
Famous, indeed
With its 20 thousand copies sold in the Czech Republic in 2008, Metallica's latest album Death Magnetic became that year's second best selling foreign album, losing only to Mamma Mia! soundtrack.
Two years ago, Metallica's fifth concert in the Czech Republic sold out the football stadium of Prague's Slavia. According to the organizers, 35 thousand attended.
