Nik Turner, who has been touring as "Nik Turner's Hawkwind" has been trying to secure the name "Hawkwind" (at least in the USA) and the case was finally heard - Turner lost.
The Trademark Trial and Appeal Board Blog sums up the case here:
The TTAB sustained this Section 2(d) opposition to Nik Turner's application to register the mark NIK TURNER'S HAWKWIND for "Entertainment services, namely, live musical performances by an individual or musical group." The Board found Opposer David Brock to be the owner and prior user of the mark HAWKWIND, and rejected Turner's claim that Brock had abandoned the mark. Brock v. Turner, Opposition No. 91214199 (June 28, 2017) [not precedential] (Opinion by Judge Ritchie).
HAWKWIND toured the United States on various occasions from 1974 to 2007. A tour was planned for 2013 but, after bookings were made, the tour was cancelled due to Brock's poor health. HAWKWIND has been selling recordings in this country since 1972, as Turner admitted.
Turner acknowledged that he was not a founder of HAWKWIND. He left the band in 1976, and then returned from 1982-1984. He also acknowledged that he never controlled the band or its name, stating that "I, like every other member of the 'classic' line-up, was forced out of the band by Dave Brock." Turner has played in several bands whose names included the term "HAWKWIND." In 1994, he played in the United States under the name NIK TURNER’S HAWKWIND.
Priority/Abandonment: The Board found that Brock "has controlled the nature and quality of the HAWKWIND mark for musical recordings and for entertainment services in the nature of live musical performances in the United States, having established a priority for musical recordings in the United States of 1972 and of live musical performances of 1974.
Turner contended that Brock abandoned the HAWKWIND mark for live musical performances because Turner and HAWKWIND have not toured in the United States since 2007. The Board, however, found that Brock did not intent to abandon the mark "because HAWKWIND has continued touring elsewhere and HAWKWIND was planning to tour in the United States at least as recently as 2013, taking substantial steps to do so, before the tour was cancelled for reasons related to Mr. Brock’s health." Musical recordings of HAWKWIND are still available in the U.S.
Therefore, the Board ruled, Brock did not abandon the mark, and he retained his establish priority date of 1974. Turner’s earliest priority date for NIK TURNER’S HAWKWIND was 1994. The Board concluded that Brock had established priority for purposes of likelihood of confusion.
The entire Brock v. Turner court doc is here and is some interesting reading: http://ttabvue.uspto.gov/ttabvue/tta...199-OPP-60.pdf
Hawkwind seem happy with the outcome, per their statement:
RE Hawkwind trademark hearing....
We are really happy to let everyone know, that a decision has finally been reached in the USA by the TTAB regarding HAWKWIND and Nicholas Turner.
The Trademark Trial and Appeal Board found in Hawkwind's favour and has just issued an order which sustained our opposition.
Nik Turner CANNOT use the name Hawkwind!
Its been over three hard years, which has drained our energies and resources......We are so glad its over and the correct verdict has finally been reached.
The members of Hawkwind would like to thank you all for your support in what has been a very stressful few years! Hopefully we can now put all this behind us and get on with other more creative and positive stuff!
We will comment further when the news has finally sunk in.....But for now, we are off to celebrate! Please raise a glass, (or whatever), to the good ship Hawkwind!
Long may she sail!!
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Originally Posted by Toka
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