this post was submitted on 18 Oct 2024
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Are song titles alone (not when used with other things) subject to trademark?

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[–] stinerman@midwest.social 9 points 4 weeks ago* (last edited 4 weeks ago)

No. A trademark is to tell a customer that a certain good was made by a certain person or company. This is prevent confusion over which company makes a thing. It's why you can't create an operating system kernel and call it Linux. You can create a clothing company and call it Linux though because no one would be confused that Linux clothing is in any way related to the computer operating system component.

Band names can and are trademarked. So you can't call your new band "The Beatles" or "Five Finger Death Punch". Titles are subject to copyright though, which is a separate thing altogether.