The Stage

Exclusive: ABBA tribute acts face their Waterloo

Published Thursday 3 June 2010 at 12:09 by Natalie Woolman

Shockwaves have been sent through the UK’s tribute sector, after ABBA groups across the country were issued legal notices from Universal Music demanding they change their band names.

A number of established acts, including ABBA Queens, ABBA Mania and Swede Dreamz ABBA Tribute, have received emails from Universal Music in Sweden stating the record company believes their names constitute an infringement of its intellectual property rights. All the acts have been trading for a number of years and this marks the first time they have received such demands from Universal.

The tributes are up in arms over the claims, with fears that some might have to abandon long-established band names. There are also concerns that if Universal Music is successful in enforcing the changes, other record labels might attempt to make tribute acts alter their names.

One email sent to a tribute by Universal Music in Sweden and seen by The Stage, claims the band’s name “constitutes an undue utilisation of our trademark rights, since you […] clearly associate to ABBA and the world-wide activity that is carried out under this trademark.

“Furthermore, we hold that this undue utilisation uses the value surrounded by the positive image that the general public has regarding the name ABBA which, for a period of three decades, has been created globally.”

It concludes by asking the band to stop using its current title and confirm to Universal Music in Sweden that it is prepared to do this.

Sean Egan, head of arts and media at lawyers Bates Wells and Braithwaite, said: “It is surprising that objections have been received by tribute bands that have been operating for many years. Trademark infringement law is complex. Even so, in such a case, you would often expect the requirement that there is confusion, so that the public believes either that the tribute band is the original band or is authorised.”

The tribute bands themselves have complained that having to change their names could severely damage their businesses. Anneli Stockwell of ABBA Queens told The Stage: “I’ll have to build a reputation all over again and you’ve got to bear in mind you’ve got backdrops you’ve printed, you’ve got publicity you’ve printed, you’ve got a name that’s established on the circuit and that is going to cost the business.

“It’s a bigger picture in my mind. If they do this, all the other tributes, the Amy Winehouses, Lady Gagas, Elvises, it will create a bad culture. My viewpoint is that we are promoters of their music and we are doing what the public demand. They want to see these acts that can’t perform any more or won’t perform any more.”

Swede Dreamz ABBA Tribute’s Raymond Sharkey said he had already had to alter some of the text on the band’s website. He added: “We are bemused and disappointed at Universal Music’s stance on this matter as ultimately the many tribute acts around the world are simply keeping ABBA’s music alive and, in some cases, introducing it to a brand new audience.”

Stuart Littlewood of Handshake, which promotes ABBA Mania, said he had received an email from Universal Music in Sweden and passed it to his lawyers for their consideration.

Although several acts have received the email, there has been widespread confusion as not all British ABBA tribute bands have been contacted.

A spokesperson for Universal Music in Sweden said that the company had contacted “about 15 of the acts so far”. She said that the company did not plan to license the name and ask the tribute acts to pay to use it.

She commented: “We’ve had complaints from all over the world where fans feel they’ve been misled and we feel it’s our duty to protect the ABBA brand from misuse.

“Hopefully they [the tribute acts] will understand that they cannot use the ABBA name for their own business as it is a protected brand, just like Coca Cola, etc. Otherwise we might be forced to take legal action.”

The news broke the same week Glastonbudget, the UK’s largest tribute festival, was held in Leicestershire.