Intellectual Property Rights & Dispute Resolution Policies
National Association of Music Merchants
As the leading global association for the music products industry NAMM supports the protection of intellectual property rights (IPR). These rights are an important foundation of our industry, providing creators and innovators with necessary benefits of their creativity. These rights come in various legal forms, such as copyrights, trademarks, patents, trade secrets and other inherent authorship rights recognized in many countries. NAMM urges its members to develop protection and enforcement programs for their creative endeavors in consultation with an attorney experienced in the field of intellectual property rights.
NAMM’s POSITION: NAMM condemns counterfeiting and infringement. NAMM is committed to the principle that intellectual property rights are to be respected, and that the use of intellectual property rights without the consent of the owner or otherwise pursuant to law violates rights of authors, inventors and corporations. Copyrights, trademarks, patents, and other forms of intellectual property are protected by state and federal laws in the United States and by the laws of other countries. At NAMM, we believe that inventors, manufacturers, publishers, and other creators and owners of intellectual property are entitled to protect their rights in accordance with the law. However, as a neutral trade association, NAMM cannot become involved in member/exhibitor disputes or provide legal advice regarding intellectual property rights.
AT THE NAMM TRADE SHOWS AND EVENTS: From time to time, disputes arise among the members of the National Association of Music Merchants (“NAMM”) regarding ownership of, or infringement of, intellectual property rights. NAMM condemns counterfeiting and infringement, however as a neutral trade association, NAMM cannot serve as an arbiter of those member disputes, nor can we take a role in judicial or enforcement processes in the event that our members cannot amicably resolve their own conflicts. NAMM also cannot provide legal advice. If you believe that someone at the NAMM trade shows, functions and other events (each a “NAMM Event”, and collectively, the “NAMM Events”) is infringing your intellectual property rights, you will need to seek the assistance of an intellectual property attorney to help you enforce your rights through the legally available channels, whether through a court proceeding or via law enforcement officials. NAMM will allow access to the NAMM Events for law enforcement officials or servers of legal process to pursue necessary and reasonable steps in the legal process, where such actions can be taken in a manner that is not disruptive to the show.
OUR AGREEMENT WITH OUR MEMBERS: Both the NAMM membership and exhibitor applications include substantially the following terms, which members and exhibitors accepted when they signed one or more of these applications. These terms are part of a legal contract between NAMM and its members, and NAMM and its exhibitors:
By executing this application, the applicant represents and warrants to NAMM that it owns or validly possesses the right (through a valid license) to make, use, perform, sell and display any patented products, copyrighted works, trademarks, service marks, logos, and trade names (collectively, “Intellectual Property”), as the case may be, that will be used by the applicant at, or to promote its activities, at any NAMM events or functions. The applicant further represents and warrants that it has the right to use or display the Intellectual Property in the manner in which it intends to use or display the Intellectual Property at NAMM events and functions. Breach of the foregoing warranties may lead to immediate revocation of the right to participate in such events or functions, without notice or hearing. The applicant acknowledges that NAMM is relying upon this representation and warranty and has no obligation to monitor the uses and displays of Intellectual Property at NAMM events or to conduct an independent investigation of the status of rights to any Intellectual Property. The applicant covenants not to sue, file or maintain any action in law or in equity against NAMM or any NAMM personnel alleging that any use or display by any third party of Intellectual Property at or in connection with any NAMM event or function infringes or otherwise violates any right or title held by the applicant or any of its officers, directors, and owners. The applicant further covenants not to sue, file, or maintain any action in law or in equity, or threaten to take any such actions, against NAMM or any NAMM personnel for contributory infringement, or any other theory that NAMM is indirectly or secondarily liable for the intellectual property violation of another party. The applicant agrees to hold harmless and indemnify NAMM and NAMM’s officers, directors, employees, agents, and representatives from and against any and all loss, cost, expense, claim, liability or damage, including reasonable attorney’s fees, arising in connection with the applicant’s conduct in connection with any NAMM event or function, including but not limited to, any action brought against NAMM and any cost incurred by NAMM, arising out of any dispute involving the Intellectual Property used or displayed by the applicant.
This means that each exhibiting member has legally warranted to NAMM that it owns (or holds appropriate legal rights and permission to use) all the intellectual property rights it is using at the NAMM Events. If a third party sues NAMM because of an alleged violation of intellectual property rights by a member at any NAMM Event, that member has agreed to indemnify and defend NAMM by paying NAMM for any damages it is forced to pay and reimbursing all of NAMM’s expenses and costs, including its attorneys’ fees, incurred in its defense. Each member similarly agrees not to sue NAMM under any theory, or threaten to sue NAMM, over any alleged infringement of intellectual property rights by a third party.
If NAMM learns that a possible infringement of intellectual property is expected to occur at a NAMM Event, NAMM endeavors to bring the above contract terms to the attention of all concerned and seeks the confirmation of all parties that they will abide by such terms. We trust that, in such circumstances, our members will understand that NAMM does not mean to cast aspersions on any member and is not assuming or implying that infringement has occurred or will occur, but is only acting to protect the interests of NAMM, so that we can continue to pursue our purpose, which is to provide programs and activities for the benefit of the music products industry.
NAMM does not take sides in intellectual property disputes between its members or third parties, nor is it willing to be drawn into any disputes between members and/or third parties over intellectual property rights. However, if NAMM determines with reasonable certainty, in its sole discretion, that an intended use of intellectual property constitutes a violation of another’s rights, NAMM reserves the right to impose restrictions on the actions of members and/or exhibitors during a NAMM Event.
NAMM’s INTELLECTUAL PROPERTY RIGHTS: NAMM owns all right, title and interest in its intellectual property and expects its rights to be respected. NAMM’s intellectual property rights include, but are not limited to, ownership of copyrights on its programs and materials, and ownership of trademarks in “NAMM,” “THE NAMM SHOW,” “The International Music Products Association,” and other marks, in the United States and internationally. NAMM also owns the “NAMM.com,” “NAMM.org,” and other internet domain names. NAMM expects its intellectual property rights to be respected, and will take action against infringers. Members may use the initials “NAMM” or the words “National Association of Music Merchants” and specifically approved logos solely for the purpose of reasonably and accurately indicating to others that they are legitimately exhibiting at NAMM Events. All other uses of NAMM’s intellectual property rights (unless expressly authorized in writing by NAMM) are strictly prohibited, for example:
i. Modification or removal of NAMM marks or copyright notices from NAMM publications;
ii. Use of any NAMM mark on any goods or services, without express authorization;
iii. Use of any NAMM mark as part of a company name, domain name, or e-mail address;
iv. Use of any marks that are “confusingly similar” to NAMM marks;
v. And imitation of NAMM publications, products, and services.
This document is the property of NAMM. NAMM’s intellectual property materials are proprietary products of NAMM and must be referenced in their entirety. Please do not copy or distribute portions of this document that dilute the context of the complete document intent.
If you have further questions regarding NAMM’s Intellectual Property Rights policies, please contact us at mailto:Legal@namm.org.