Judge rejects Linkin Park trademark case

A British judge has rejected a bid by American rockers Linkin Park to trademark its name for use on posters - leaving shopkeepers free to sell unofficial pin-ups of the stars.

In a landmark judgment that means the band cannot sue suppliers of unauthorised posters, Judge Richard Arnold said yesterday that unlike merchandise such as CDs and books, a famous name appearing on a poster was purely descriptive.

He said: "Third parties are, of course, entitled to take and exploit pictures of celebrities - the copyright in a picture of Linkin Park belongs to the creator of it and not necessarily to the group itself."

The band's lawyers had countered that it was unnecessary for a trader in posters to use the band's name, but the judge disagreed, saying it would be difficult to deal with wholesalers or retailers without it.

He added: "Even so far as consumers are concerned, I do not believe that the members of the group are as recognisable as, say, David Beckham - which, if it were the case, might permit posters to be sold to consumers by image alone."