February 2005
The Danish monarchy threaten court action against Missy Elliot's logo
The royal family in Denmark, under Queen Margrethe II, threatened to take court action against Missy Elliot, the famous Rap/ Hip Hop artist because the logo of the clothing range, Respect ME, was too similar to the royal family's monogram.
Missy Elliot recently launched her own range of Adidas sportswear clothing, featuring a logo that she designed herself, but after a few weeks of being available in the shops, the range had to be recalled from the Danish market. The royal family in Denmark owns the rights to any and every shape or form of crown. Although Adidas immediately withdrew the range in Denmark, it remains available elsewhere in Europe.
BRIFFA Comment:
Whether it be the monarchy or you or me, one cannot use another's intellectual property rights without their full consent or permission, which is usually granted by way of a licence or an assignment. In this way, the licensee or the assignee is authorised to do certain things in relation to the intellectual property, which ordinarily only the owner of the work in question has the right to do. It is the owner's prerogative. What use is permitted will be prescribed for in the agreement. The above situation highlights pan-European anomalies within the law of intellectual property when it comes to pan-European advertising campaigns or launches. It emphasises the need to bear in mind the importance of keeping a check on aspects of intellectual property in each and every step of the process, from initial idea, through to design, production and marketing. It can save disappointment and unnecessary expense later on. Be sure of what you can and cannot do.