One Direction is being sued by another band of the same name that originated in California. Though the California-based band is little known, according to MTV they allegedly registered their name with the United States Patent and Trademark Office or PTO. Their claim to the name predates the British 1D as the California group founded and secured their name in 2009. The Inquisitr has more on the case . Digital Music News advises growing bands to register their names.
“For any band beginning to enjoy a taste of success in the music business, it is worthwhile to check the PTO website’s registration database (available at www.uspto.gov) and to do some targeted Google searches to ensure that their name is available for wider use.”
One Direction’s name is probably owned by Cowell which could be a major problem if and when Zayn, Harry, Liam, Naill, and Louis want to use it but not work under Syco records.
https://www.youtube.com/watch?v=Nm4hIztDDUE
Zayn Malik, Harry Styles, Liam Payne, Naill Horan, and Louis Tomlinson would have probably left it to their record company Syco or Simon Cowell to check for availability and secure the name. The name is said to be Cowell’s idea anyway.
Simon Cowell probably secured the name One Direction, in the UK, but failed to secure the name in the U.S. and to check for its availability worldwide. Perhaps he did not foresee those world tours?
The One Direction Lawsuit at first glance looks like alarming news. 1D could have to change their name. At second glance it just looks like a small local band wants to cash in. Syco records or 1D will probably pay them for the name. Third, fourth, and fifth glances and a little contract law research later, that lawsuit starts to look like another brilliant step toward Styles, Payne, Horan and Tomlinson’s collective freedom from Simon Cowell and Syco Records. Is that what they want?
Zayn Malik left One Direction, at first claiming he just wanted out. Malik wanted to be a regular guy again. Then, once extracting himself from the contract, he produces a solo album. Zayn going solo weakened any sort of contract the band had with Syco. Record contracts vary a lot in their terms, and they are often secret, but back in 2014 Capital FM revealed some interesting tidbits. In hindsight, looking at what has happened, these random little facts are fascinating.
“Simon and his execs at his Syco want to get 1D to sign on for two more albums after their current deal runs out. At present, the boys are expected to release two more albums and a greatest hits record, but the new deal would secure a further two albums. One clause in the contract does state that the offer is only valid if all of the boys sign up as a five-piece, so if a member decides to go solo the contract would need to be reconsidered.”
Zayn Malik took the bait that was supposed to protect Syco from being stuck with just a few of the boys. Malik went solo and thus weakened any contractual obligations Simon Cowell and Syco had with the band. Harry Styles, Liam Payne, Naill Horan and Louis Tomlinson finished out the tour and promptly went on hiatus.
One Direction’s contract with Syco expired by early 2016, but some clauses don’t end with an expired contract. It is possible that Simon owns the name One Direction. Someone has to own it and considering most of the boys were underage and basically new to the record business, it is possible that name belongs to either Simon Cowell personally or Syco records.
If Simon Cowell does own the name One Direction, it is also possible that the band could not perform together under that name without either being under contract with Syco or having a legal battle with Syco over the name.
Apparently, the solo work of Harry Styles, Liam Payne, and now Niall Horan further weaken any hold Syco still has on 1D. But do any of the boys have the legal right to use the name One Direction without Syco records? Their specific contract is confidential, but it would not be uncommon for some band members not to have rights to the name. It is usually one of the band members who hold the right to the name but in this case? It is quite imaginable under the circumstances that Simon holds the name. It has happened before that bands gave up the right to their name to a record company.
One Direction could have also had a non-compete or equivalent clause in their contract. That would mean that they could not work for another competing record company. While those details are confidential, it is known that the contract did not include a non-compete for solo work, but instead Syco chose to protect themselves with the clause that doing solo work would allow all parties involved to reconsider the contract.
However, One Direction’s contract may contain a clause preventing them from reuniting to play together for a certain period of time. Non-compete clauses do have an expiration date, usually, it is between six months and two years from the time the relationship between the two parties is dissolved. The hiatus suddenly makes more sense if that is the case.
The One Direction guys were exhausted anyway. The boys toured eight months out of each year, doing about 130 shows a year. GQ’s old interview caught them after a run of six back to back nightly shows. Niall Horan revealed to GQ that 1D never had time to relax and enjoy themselves after a show either. A ritual most older bands take great pleasure in.
“We go back on the road straight after a show and we’re gone. I wish we did have time for girls and parties but we don’t.”
Liam Payne added a little quip that in hindsight underscores the over scheduling of their lives.
“Maybe we need someone to schedule that in for us.”
RELATED REPORTS BY THE INQUISITR
One Direction Sued By US Band With Similar Name
One Direction Set For A Reunion: In Court
One Direction and Zayn Malik could use this lawsuit against a small-time attorney as an opportunity to escape Syco records for a better deal, or at least one that doesn’t overshadow their personal lives. A battle with Syco lawyers would be more difficult and expensive than this lawsuit. Could this lawsuit, by some trick of the light, give them the right to their own name, or at least take it away from Simon Cowell?
One Direction could end up with ownership of their own name, or they could end up giving up their name for a good reason, one Simon Cowell would have no one to blame but himself for. That way Styles, Horan, Tomlinson and Payne could possibly dissolve, or partially dissolve the last thing holding them to Syco.
Harry Styles, Liam Payne, Niall Horan, and Louis Tomlinson might not be One Direction anymore. Could Simon Cowell have an expired contract with that little known California band? Just joking about the more obscure band, but the boys would not be 1D and could call themselves whatever they like.
Contracts signed using that name One Direction to describe that band might be voided. Again it depends on the wording of the individual contract. There is no way to know what direction, One Direction vs. One Direction may take, but it could help rather than hurt the chances of the band getting back together, maybe under another name.
Are Zayn Malik, Harry Styles, Niall Horan, Louis Tomlinson, and Liam Payne using this lawsuit secure or ditch the name One Direction and get away from Syco?
[Featured Image by Ian Gavan/Getty Images]