# Trademarks in song lyrics **URL:** https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861 **Category:** Cafe Society **Created:** [June 17, 2011, 5:04pm UTC](https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861 "2011-06-17T17:04:04Z") **Posts on this page:** 9 **Page:** 2
### Author: ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck) #### Post date: [June 18, 2011, 5:53pm UTC](https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861/21 "2011-06-18T17:53:28Z")
“Rum and Coca Cola” by the Andrews Sisters. “[She Don’t Use Jelly](http://www.youtube.com/watch?v=w9_lBvKMlTI)” by the Flaming Lips mentions Vaseline. ---
### Author: ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray) #### Post date: [June 19, 2011, 12:55am UTC](https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861/22 "2011-06-19T00:55:34Z")
> [@Leaffan](#): > > So, under what conditions would it be an infringement? Infringement occurs when: 1. A use in commerce (the use of a term as an indicator of the origin of goods or services) 2. Creates a likelihood of confusion among consumers 3. As to the origin, sponsorship, affiliation, etc. 4. With regard to a term in which a senior user has valid trademark interest The use of a brand name in a song lyric is not a use in commerce (it doesn’t indicate the origin of any goods or services) so it doesn’t satisfy the first requirement. The Kinks weren’t using the term “Coca-Cola”'as the brand name of any goods or services it was offering to consumers. ---
### Author: ![SleepyDuck](https://avatars.discourse-cdn.com/v4/letter/s/a183cd/32.png) [@SleepyDuck](https://boards.straightdope.com/u/SleepyDuck) #### Post date: [June 19, 2011, 3:13am UTC](https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861/23 "2011-06-19T03:13:26Z")
Well, not lyrics, but at least two bands have been forced to change their names due to copyright concerns: The Comsat Angels (officially known as The C S Angels in the USA), and Green Jello (now Green Jelly, but with an umlaut over the Y so it’s still pronounced the same way). ---
### Author: ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx) #### Post date: [June 19, 2011, 3:26am UTC](https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861/24 "2011-06-19T03:26:25Z")
_Mercedes Boy_ by Pebbles (a kind of cereal) 😃 ---
### Author: ![Kobal2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kobal2/32/20_2.png) [@Kobal2](https://boards.straightdope.com/u/Kobal2) #### Post date: [June 19, 2011, 8:05am UTC](https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861/25 "2011-06-19T08:05:44Z")
[Aqua - Barbie Girl](http://www.youtube.com/watch?v=ZyhrYis509A). Mattel even sued about it back then because the lyrics weren’t positive about their product. ---
### Author: ![Leaffan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leaffan/32/299_2.png) [@Leaffan](https://boards.straightdope.com/u/Leaffan) #### Post date: [June 21, 2011, 2:04am UTC](https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861/26 "2011-06-21T02:04:01Z")
Bump: And so what’s the latest BBC policy regarding product placement? As many have pointed out there are a plethora of car songs out there, and have been for a couple of generations now. ---
### Author: ![panache45](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/panache45/32/64_2.png) [@panache45](https://boards.straightdope.com/u/panache45) #### Post date: [June 21, 2011, 4:51am UTC](https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861/27 "2011-06-21T04:51:09Z")
Cole Porter’s \*You’re the Top \*mentions: Bendel bonnet (famous hat store) Mickey Mouse Napoleon brandy Arrow collar Ovaltine Roxy usher (Radio City Music Hall) And several other possibilities ---
### Author: ![Mean\_Mr.Mustard](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mean_mr.mustard/32/3865_2.png) [@Mean\_Mr.Mustard](https://boards.straightdope.com/u/Mean_Mr.Mustard) #### Post date: [June 21, 2011, 9:35am UTC](https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861/28 "2011-06-21T09:35:14Z")
> [@cjepson](#): > > 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.” I didn’t think I could play until mention of Warren Zevon sparked my memory: From “Poor, Poor Pitiful Me”: “She really worked me over good, sort of like a Waring blender…” mmm ---
### Author: ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris) #### Post date: [June 21, 2011, 12:34pm UTC](https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861/29 "2011-06-21T12:34:47Z")
> [@Leaffan](#): > > Bump: > > And so what’s the latest BBC policy regarding product placement? As many have pointed out there are a plethora of car songs out there, and have been for a couple of generations now. They no longer ban songs or TV shows that mention a product by name. However, program makers at the BBC are strictly forbidden to accept any kind of payment for mentioning a particular product. [Previous page](https://boards.straightdope.com/t/trademarks-in-song-lyrics/585861.md?page=1)