Metallica Looses Their Trademark To A Small Metal Manufacturing Company In An Initial Challenge In The Court

Heavy metal band Metallica have lost defending their trademark "Metallica" to a small metal manufacturing company called Metallica Manufacturing at Burnaby, British Columbia.

Loudwire reports the metal shop won the court ruling after the band challenged them in court trying to defend their trademark. Now the metal shop - Metallica Manufacturing can use the trademark in its day to day business.

"It was a very innocent choosing of such a name from a 12-year-old kid," said Bill Lawson, Owner, Metallica Manufacturing, BurnabyNow reported.

Though the name for the metal shop was chosen in the late 1990's and Metallica was founded in 1981, the name Metallica looked right as it matched the trade, said Lawson.

Lawson said that the trouble started when he tried to register for a domain name, he began getting legal enquiries. For many years the band's legal representatives tried to block the metal shop from using the name. In 2008, Lawson filed a trademark application to use the name "Metallica" since they dealt with metal fabrications, welding and machining. The Canadian Intellectual Property Office issued a ruling, supporting the small metal shop and rejecting the opposition from the metal band, September 2012 saying "there was no likelihood of confusion between trademarks for the metal shop and the metal band."

Lawson though victorious is not boasting but wants to be left to work in peace, "This is not a gloating issue. We just want to be left alone."

"We just want to be able to carry on and use the name. The whole city knows us," he added.

There has been no statement on the issue from the heavy metal band. Though, it looks like big business trying to scare a smaller one, if the band loses the trademark after building it all these years, anyone will be able to use the band's name for business.