Newsboys v. New Boyz Band Name Trademark Dispute

Christian rockers Newsboys have 28 No. 1 singles and have been together for 26 years.  They are just a little upset over possible consumer confusion with the rapper duo New Boyz. New Boyz, around since 2009, just released a direct to DVD movie and is currently on a European tour.

With the continued consolidation of the record business, the overlap of genres on terrestrial radio and especially on services such as Pandora and Last.FM,  Newsboys may have more than a blush of a claim that a music consumer could be confused between the two band names.  The test in trademark infringement is whether or not a consumer is likely to be confused that a song or records released by one band was actually released by the other band.  If you saw a New Boyz CD you might think it was the Newsboys.

There is a trademark registration with the US Patent & Trademark Office for NEWSBOYS for entertainment services; namely, live musical performances of a religious nature rendered by a group.  The registration is incontestable and issued on March 29, 1994.  Interesting side note -- the owner of the mark is Wes Campbell, the manager of the Newsboys (that tidbit is a topic of discussion for another day on what a band should never do).

I did not find any trademark filings for New Boys.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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