Board of Appeal has upheld the objection of the association “LĪVI Roxx” against the registration of the trademark “LĪVI” in Latvia, declaring the said trademark invalid as of its registration date. This claim was filed with the Patent Office last May by one of the group’s founders, Juris Pavītols.
Juris Pavītols, who left the rock band in its early days, submitted an application for the registration of the trademark “LĪVI” to the Patent Office. Since the applicant had left the band more than 40 years ago, before the band gained recognition in Latvia, he had no legal rights to the applied designation. Therefore, LĪVI filed objections against the trademark registration with the Board of Appeal of the Patent Office.
The rock band “LĪVI” conducts its economic activities through the association “LĪVI Roxx”, and the intellectual property rights to the name, due to its long-term and intensive use, belong directly to the band, whose leader is Ainars Virga.
The Board of Appeal states in its decision: “Upon reviewing the case materials, it is clear that the vocal-instrumental ensemble or (later) the band named “LĪVI” has a long and rich history. Its activities began in a different state system with authorities prohibiting the reproduction and dissemination of information they deemed undesirable, as well as under very different music circulation conditions, which have now been greatly changed by the availability of technology and the Internet in people’s daily lives. Therefore, this case involves many circumstances that have arisen due to various historical reasons or simply by coincidence. While it is clear from a legal perspective that the songs and albums created by the band are protected under the Copyright Law, when addressing the question of who has the rights to the band’s name, there are no clearly defined rules or agreements.”
The case materials indicate that the band named “LĪVI” has operated and continues to operate with various members, but neither initially nor later have the band members agreed on who owns the rights to the band’s name. At the same time, in the view of the Board of Appeal, no one can prohibit others from using the designation “LĪVI” to describe what the band has created so far.
The association “LĪVI Roxx” was represented by partner Andris Tauriņš and assistant lawyer Krišjānis Knodze, who are pleased that the rock band will continue to delight fans and listeners throughout Latvia with their legendary name “LĪVI”.
