Point Music News provided by Pulse
The owner of a Canadian metalwork shop called Metallica Manufacturing recently won a decision allowing it to continue using the name despite a legal challenge from the band Metallica. According to Burnaby Now, the Canadian Intellectual Property Office ruled that the Burnaby, British Columbia shop could continue to seek to trademark the name despite opposition from the rock act, who also have the name trademarked.
Owner Bill Lawson said that the name was chosen for the shop in the late '90s by his then 12-year-old niece, but that it didn't come to the band's attention until several years later when he tried to register the domain name online and lawyers for the group began asking that he change the shop's name. He first applied for the trademark in 2008, beginning a legal battle with the group's attorneys that continued until the recent decision.
The band's lawyers argued that if the shop trademarked the name in Canada, it would lead to confusion with the group's own trademarked brand.
But Lawson's attorneys explained that the Canadian Intellectual Property Office, in reaching its decision, reviewed evidence from both sides and concluded that there was no likelihood of confusion between the trademarks.
Lawson said he's pleased with the legal victory but just wants to get on with his business, adding, "This is not a gloating issue. We just want to be left alone."
The owner plans to hand the business over to his 24-year-old son Dan, who said he is a fan of the group. He stated, "I appreciate the music and what they do, but at the same time do they even know about them actually coming after us or is it their team of lawyers?"
Metallica's legal representatives have had no comment on the matter.