Surprisingly popular Aussie rapper 360 could soon be in the midst of a naming rights war now that another hip hop artist who performs under the same moniker has emerged.
We learned of the other 360 through an article titled “Next Big Artist?” on the Prefix Magazine website, referencing the rapper based out of Queens, New York, and his J. Cole-produced track “What Goes Up”.
The legislation surrounding trademark law pertaining to band name ownership rights is interesting. Significant assets can be attached to a band name like commercial recognition, intellectual property rights and even the most basic stuff like how consumers identify the artists or bands that they enjoy. Band names are similar to brand names in that they enable consumers to identify one from another. In an article for Delicious Audio Christopher R. Chase explains that the more distinctive the name, the more effective the protection the name has as a trademark. Moreover, an artist not only wants a distinctive name to protect its own identity, but the artist needs to avoid infringing upon other parties’ names.
We’ve seen instances of trademark infringement in band naming before. Jack White side project The Raconteurs are known as “The Saboteurs” in the Australian market because a Queensland band with the same name refused to give up the rights. If the American 360 goes large, it’ll be interesting to see what becomes of the name and which artist has first dibs.
They should just team up and perform as ‘720’.
