I am not an Ozzy Osbourne fan but even I can’t help but being impressed by the business sense he developed since being titled the “Prince of Darkness”[1].
We all know what power brands have in the music industry, but Ozzy took it to a new level.
On www.rockandrollbeauty.com one can find the Ozzy collection[2] that includes the following merchandise: The OZZY Coffin eye shadow palette that is designed as an actual Dracula Coffin, an OZZY Evil Bat organizer bag, an OZZY nail set, OZZY body tattoos, OZZY scented candles, OZZY smudge sticks, an OZZY gothic mirror and so on.
My astonishment grew even wider when after browsing on OZZY stuff, I found similar products branded “Jimi Hendrix”[3].
This revelation brings up three interesting Intellectual Property issues:
One – branding a product allows you to charge extra, much extra, compared to a similar product[4]. Such is the power of a “brand”. Conclusion – if you ever debated on why bother to register a trademark, this is one of the reasons.
Two – if these items are not marketed based on OZZY’s consent, the rockandrollbeauty.com website is in deep trouble…
Three (assuming these are goods manufactured lawfully) – while Ozzy Osbourne is alive (and I wish him many years of good health and success with his makeup initiatives), Jimi Hendrix, RIP, has passed away a long time ago and I cannot but wonder what he would have thought on seeing his name, face and associated brands on a “Purple Haze Brush Set”. One might regard this kind of usage as tarnishment and dilution of the Jimi Hendrix trademarks.
Jimi Hendrix is known for being one of the most influential electric guitarists in the history of music. So when his name and familiar brands associated with him (such as the title “foxy”) are being branded on products that may be regarded as unsavory, this might be regarded as projecting a negative light on the trademark associated with the person, thus diluting the marks.
Can the owners of Jimi Hendrix brands rights use these rights in such a manner? And who will fight them on that? No one, probably, but it was worth just asking the question.
[1]John Michael “Ozzy” Osbourne was the lead vocalist of the heavy metal band “Black Sabbath”.
[2] Ozzy Collection | Rock & Roll Beauty US (rockandrollbeauty.com).
[3] Jimi Hendrix Collection | Rock & Roll Beauty US (rockandrollbeauty.com).
[4] See for example Alibaba.com – https://www.alibaba.com/product-detail/Coffin-Shape-Packaging-Make-Up-Wholesale_1600337290441.html.
