By Sarah Nagae
As trademark attorneys, we are struck by the blatant, yet legally effective, use of a trademark in the video for the hit song “Wake Me Up.” The song is by the Swedish progressive house DJ, Avicii. Avicii plays on the “AV” in his stage name to represent himself as:
(We’ll call this “the AV design” for purposes of this post).
Throughout the Wake Me Up video, the AV design shows up no fewer than twenty times, primarily as tattoos on the video’s main characters. One of these characters is the Russian model, Kristina Romanova.
The video itself represents trademark use for music videos and likely also for the services of providing entertainment in the form of music videos. One can only imagine the promotional goods that could also be branded with the AV design and sold at concerts.
From a trademark perspective, we think it is brilliant of Avicii to feature his mark so prominently in the video. While it would be a drag if every music video featured such unabashed self-promotion, Avicii’s use here bolsters his rights in the mark. It takes only one view of the Wake Me Up video to forever associate this rather commonplace design with Avicii. Smart trademark owners would consider that advertising dollars well spent.
Watch the video here: www.youtube.com/watch?v=IcrbM1l_BoI
Take a look at Avicii’s use of the AV design on his website: http://avicii.com