...I'd pulled the plug on commenting...again...but someone alerted me to this and...it's just hilarious
The only way Johnny Marr gained exclusive rights to 'The Smiths' as a corporate brand is because Morrissey agreed to it at some stage or let a joint trademark lapse. Or sold his rights.
Perhaps from the outset Marr maybe had the nous to ensure the brand was his legal property even if Morrissey coined the name? Seems unlikely because they traded and marketed themselves as thick as thieves on all levels excluding a physical relationship..., a new business dispute would be dark karma...for both of them given they stitched up The Drummer and The Bass Player contractually according to the High Court and the Court Of Appeal.
Morrissey tried to Carry On with The Smiths when Johnny Marr jumped ship and my understanding is that Marr had to issue a 'cease and desist' notice to Morrissey- to stop him trading as 'The Smiths' with Ivor Perry from Easterhouse on guitar duties, although I can't find the interview where this was revealed, so maybe not..
The speculation about Smiths Classical and gaming products seems more likely- has Morrissey misunderstood the purpose, scope and limits of this trademark? In which case this outburst could be costly.
Did a rolling renewal of an original shared trademark expire and Morrissey didn't realise - or didn't respond to legal notices of intent from Johnny Marr?
Morrissey got himself fcukd up the arse'n'all over contract law by taking bad legal advice. I hope he cleared the facts of this statement with lawyers. If it isn't true in the specified details listed he's casting a LOT of shade on Marr's public reputation.
It's so bonkers.
If it's were true that Marr has violated a valid contractual agreement over brand ownership then Morrissey can sue Marr. If not, tough. Claiming moral rights to the name as a basis to repudiate this in contract law? Good luck with all that!
If it isn't true and Marr has followed the correct legal procedures then Marr can sure Morrissey for...well, a list of things...
They can sue and countersue each other and both take it to the High Court. Mike Joyce will need so much popcorn
Given Johnny Marr gained legal ownership of these legal property rights in 2018, how could Morrissey not know- unless any previous joint trademark lapsed and Morrissey ignored legal letters? But...that would never happen...Morrissey would never ignore such a crucial thing, surely?
'Ivor Perry was the guitarist for the Smiths support band, Easterhouse, and briefly replaced Johnny Marr in the Smiths.'
'Morrissey originally wanted to continue with the Smiths but legally he couldn't unless Marr agreed to him using the name'
https://www.morrissey-solo.com/threads/discussion-the-smiths-minus-marr.49914/
https://superdeluxeedition.com/news...-a-day-ivor-perry-responds-to-stephen-street/