I’ve heard that Aqua Lung America originally started proceedings against Jethro Tull for trademark infringement, but decided that the publicity might not be that bad after all. I really can’t speak to the veracity of that statement though.
Also, The Kinks “Lola” lyrics mentioned “Coca Cola” but later had to be changed to “cherry cola” due to a BBC policy against product placement.
What other songs contain trademarks, and what – if any – were the ramifications.
Paul Simon’s “Kodachrome” used that trademark and Nikon. It was not allowed to be played on BBC.
Think of a car make or model, and there’s probably a song about it. Mustang Sally, Pink Cadillac, Little GTO, Hot Rod Lincoln; the list goes on and on, and on some more if there’s a car mentioned in the lyrics but not the title.
I’d not heard of that particular BBC policy, and I’d be interested to know if you couldn’t play any of these car songs there.
The BBC prohibition against commercial plugs also led Mott the Hoople to change “stealing clothes from Marks and Sparks” to “stealing clothes from unmarked cars” in their version of “All the Young Dudes,” even though the original lyric referred only to a nickname for the Marks & Spencer chain and not the proper name.
Sammy Johns - Chevy Van…I don’t think GM used it in any ads, though.
Commander Cody - Hot Rod Lincoln
Prince - Little Red Corvette
David Lindley - Mercury Blues
Eagles - Boys of Summer
“I can see…your brown skin shining in the sun…[forgot the next line] Wayfarers on, baby.”
Queen - Killer Queen
“She keeps Moet and Chandon in a pretty cabinet…” Did this get airplay in the U.K.?
And countless rap songs mention products like Dom Perignon, Krystal, Air Jordan’s
The Kinks “Lola”
The original lyric was “Where you drink champagne and it tastes just like Coca Cola.” Since the BBC won’t play songs with product names in them, Ray Davis had to re-record that line to “cherry cola.”
Might want to read the OP again…
Practically every Wesley Willis song ended with Wesley repeating the slogan of one company or another.
In his case, I doubt the companies in question knew or cared.
Though the brand name isn’t mentioned, the Door’s “Touch Me” includes the Ajax Laundry Detergent jingle.
George Thorogood’s “I Drink Alone” mentions Jack Daniels, Johnny Walker, and Old Grand Dad liquor brands and refers to “Jimmy Beam.”
There are about eight songs about Hadacol.
The Ramones did a song called “Carbona Not Glue”.
Jerry Jeff Walker’s song 'That Old Beat Up Guitar" is about a Roy Smeck Stage DeLuxe.
The Animals had a song called “A Girl Named Sandoz”.
Lou Reed’s “Walk on the Wild Side” mentions Valium.
It also doesn’t sound like a very good case for a trademark infringement claim.
Frank Zappa, Camarillo Brillo: “Is that a Mexican poncho? Or a Sears poncho?”
Well, IANAL and infringement maybe isn’t the correct terminology. You get the point though.
Asked to no one in particular:
So, under what conditions would it be an infringement?
Is the BBC still anal about product placements?
Blondie’s “Eat to the Beat” and the Rolling Stones’ “Downtown Suzie” both mention Alka Seltzer.
Leonard Cohen’s “Is This What You Wanted” mentions both K-Y Jelly and Vaseline. Oh, and Mr. Clean.
The Mothers of Invention’s “Absolutely Free” mentions Jell-O.
Simon & Garfunkel’s “Punky’s Dilemma” mentions Kellogg’s Corn Flakes. Well, a Kellogg’s Corn Flake, anyway!
Not really. You suggested the reason they didn’t sue is that they thought it was good publicity. I’m saying that if they were considering suing then a very probable reason why they didn’t is because they knew they would lose.
Not to mention Brillo…
I thought of another one: Warren Zevon’s Carmelita. “I pawned my Smith Corona and I went to meet my man/He hangs out on Alvarado Street by the Pioneer Chicken stand.”
No, I said they thought that “the publicity might not be that bad.” And then I said “I really can’t speak to the veracity of that statement though.”
Stop being all pedantic over nothing.
Yeah, there are a lot about liquor. “Jose Cuervo, you are a friend of mine…”
The Clash’s “Inoculated City” included audio from a commercial for the toilet cleaner 2,000 Flushes; the manufacturer sued and got the passage removed from the record.
The Clash also mention Coca-Cola and the slogan “Coke adds life” in “Koka Kola.” Somehow they got away with this one, despite explicitly linking the soft drink to cocaine!
Jethro Tull’s “Up to Me” mentions the Wimpy Bar hamburger chain.