IP Ownership: The Blueprint
With over 133.5 million viewers, the entire world is buzzing about Kendrick Lamar’s historic Apple Music NFL Super Bowl Halftime Show. In fact, Billboard reports that the show drew more viewers than the actual football game itself. Since the show, users across many social media platforms can be seen scouring the performance for Easter eggs and sharing their interpretations of the dynamic symbolism, hidden messages, and multiple entendres in fresh lyrics from the artist’s latest hit GNX album.
Despite the depiction of Uncle Sam’s antagonistic gameplay performance, however, it seems as though Lamar does know how to “play the game” of leveraging his greatest brand asset, his name—KENDRICK LAMAR®️. Yes, KENDRICK LAMAR is a federally registered trademark, originally owned by Lamar’s former record label, Top Dawg Entertainment (TDE), covering entertainment services, including musical composition, production of sound recordings, live musical performances, and concerts.
“...it seems as though Lamar does know how to ‘play the game’ of leveraging his greatest brand asset, his name—KENDRICK LAMAR®️.”
Kendrick has since departed from TDE. Nonetheless, the United States Patent and Trademark Office (USPTO) records reveal that TDE assigned ownership of the KENDRICK LAMAR trademark to Lamar himself in 2021. This is an unusual arrangement in the music industry; especially for famous artists who have built a cult-like following and goodwill in their named brand, which is beneficial for the record label. Many artists and entertainers have faced legal disputes and challenges to ownership and registration of the trademark for their name, such as, TINA TURNER, BLUE IVY, and KYLIE. As for the KENDRICK LAMAR mark, however, one can infer that the collegial business and personal relationship between TDE and Lamar resulted in an amicable process in the assignment of ownership of the trademark registration. As a result, Lamar is afforded broad legal protections to enforce against unlawful use of the KENDRICK LAMAR trademark and leverage his IP ownership in performances and licensing deals.
It is important for creatives, entertainers, and artists to consider the advantages of establishing an IP portfolio that allow them to own brand assets and enforce against third-parties within such a competitive marketplace. Whether you are faced with a contractual dispute, obstacles to registration at the USPTO, or licensing opportunities, consult with an IP attorney that can guide you through the nuances of IP law and legally squabble up on your behalf.