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How a Great Slogan Saved a Musical Career
© Cheryl Hodgson 2007 | Posted on May 14, 2007
By Cheryl L. Hodgson
© Hodgson Law Group 2007
Two important reasons to register your brand we're almost certain you've never thought of:
1. Stay out of jail for using your own name.
2. Co-brand your product in case one "goes South."
Mexico, like much of the rest of the world, and unlike the United States, bases trademark rights upon the first to register, while rights in the U.S. are ultimately based upon the first to have used the mark in commerce. With the cross cultural music explosion, there are many musical groups who are popular both in the U.S. as well as Mexico.
In 2006, the Spanish media in the U.S. and Mexico was awash in a news story no one could possibly imagine was true - the founders of one of the most popular Spanish groups in Mexico and the United States were arrested and jailed in Mexico for performing under their own name! How did this happen? Keep reading!
In November 1995, Alfredo Ramirez and his uncle Ismael Mijarez, founded what was to become the number one Mexican group in America and Mexico, Montez de Durango. During 2004-2006, Montez enjoyed huge success in America, selling out venues, and racking up 10 top ten singles on the Billboard Charts. They were famous for the "Durango Dance Rhythm" which they created (and which other groups now imitate). Along with their group name, Alfredo and Ismael also chose a slogan as a co-brand, namely "LOS CREADOREZ DEL PASITO DURANGUENSE." (The Creators of the Durango Rhythm).
Unknown to Alfredo and Ismael the group's representative had previously registered the group's name as his own in Mexico. After business disagreements arose, Alfredo & Ismael decided to end the relationship. This divorce was to come at a very high price.
At the peak of their success, Alfredo and Ismael suddenly found themselves in a Mexican jail for two months solely for having dared to perform in Mexico under their own name!
In late 2006, after costly litigation in Mexico and the U.S. District Court in California, Alfredo & Ismael and their former representative settled their differences. Undaunted, Alfredo and Ismael decided to start over under a new "old" name, namely the slogan they had advertised along with the group's name. That "slogan," now their new federal trademark, enabled them to release a new album in early 2007 on Disa / Univision to fans who knew who the true stars were. Clearly the fans were not confused!
Sales of that album are now in excess of 200,000 units, or platinum. Not bad in an industry in decline! The group also received a nomination for Best Regional Mexican Group at Billboard Latin Awards in Miami last month, and performed live nationwide on the Telemundo broadcast of the awards show.
This group's experience, while a difficult one, serves as a reminder of just how important it is to of the business, no matter what the goods or services.
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