Drafting Around Discord: Trademark Ownership Provisions for Musical Group Agreements

AGG Entertainment & Sports attorney Michelle Davis authored an article for World Trademark Review examining how musical groups can use contracts and trademark planning to reduce disputes over band names. Drawing on the recently dismissed Isley Brothers litigation, Michelle explains that ownership does not automatically follow from founding status, continued performance, or public recognition; it depends on agreements, registration, and documented use.

Michelle reviews disputes involving The Doors, Lynyrd Skynyrd, The Platters, The Beach Boys, and Earth, Wind & Fire, and contrasts them with groups such as Hanson and the Jonas Brothers, whose marks are held by dedicated entities. She recommends addressing ownership before conflict arises through joint-ownership and non-severability clauses, leaving-member provisions, majority-continuity terms, and transfer-of-use provisions.

She also advises rights holders to register and monitor group names, maintain records of continuous use, and preserve quality control in licensing arrangements. These steps can help bands, managers, and entertainment companies reduce litigation risk and protect valuable brand goodwill when members depart, die, or dispute control.

“A little planning now can save years of litigation and protect the integrity of a group’s legacy,” Michelle wrote.

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