O attach is unequivocal: “The best music in cinema” in a symphonic celebration of John Williams and Hans Zimmer by the Hollywood Symphony Orchestra. One of the concerts of this tour took place on January 11 at the Coliseu in Lisbon and on the 24th at the Coliseu in Porto. The show also has another date scheduled in Portugal, on January 30, at the Coliseu in Lisbon.
But the questions started when the Hollywood Symphony Orchestra page was posted on Facebook where warns that the aforementioned concert was not by the North American Orchestra: “Dear world. The truth Hollywood Symphony Orchestra will not be performing at this show and currently has no concerts outside of the United States. This concert is not ours.”
In truth, they are two different orchestras with exactly the same names. The Hollywood Symphony Orchestra, based in Los Angeles, in the US state of California, which has been performing since 2006 and the Hollywood Symphony Orchestra, which has been touring Europe since 2018 and has performed several times in Portugal. This is the European group that will perform again in Lisbon.
For simplicity, we will now distinguish the two orchestras according to their nationality: Hollywood Symphony Orchestra [norte-americana] The Hollywood Symphony Orchestra [europeia].
The polygraph contacted the Lisbon Colosseum It’s the Oporto Coliseum and both handed over responsibility for the concert to the organizing companya Euroconcert. The producer responded to questions raised by Polígrafo, confirming that he is “the sole promoter of the Hollywood Symphony Orchestra concerts in Portugal and Switzerland”, with NK Producciones being responsible for the shows in Spain.
In the briefing note, Euroconcert explains that the orchestra it represents – the Hollywood Symphony Orchestra [europeia] – already played”more than 50 concerts in different European countries since 2018and who has “a exclusive trademark license registered in the European Union”. “The registration of this mark also predates the trademark registered in the United States by the person who now publishes defamatory information about us on Facebook, ”explains Euroconcert, sending the document in question to the polygraph.
On the other hand, Jean Bealhead of the Hollywood Symphony Orchestra [norte-americana]explained to Polígrafo that this orchestra “made its public debut in May 28, 2006» and that the name « Hollywood Symphony Orchestra is a Trademark”. Already Platform which makes trademark registrations available in the United States, it is possible to find the registration mentioned by John Beal, which was requested in 2018, and there are also three inactive registrations, with earlier dates, for the same name.
The confusion between the two orchestras is not new. In 2020, the European group performed at the Coliseu do Porto, merging with the North American group, as we can read in this article from “morning mail“. At the polygraph, John Beal ensures that the the band “have never played in Europe and have no intention of performing in Europe”. Indeed, for the moment, due to the Covid-19 pandemic, no concert is planned in the United States for 2022.
In an informative note from Euroconcert, sent to Polígrafo by the Coliseu do Porto, the producer states that “the North American orchestra that identifies itself with the same name has never performed in Europe”, adding that this group “could not legally give a concert with our denomination, as it would violate our exclusive rights as a trademark licensee. “A situation that John Beal says he ignores:”I have no knowledge no restrictions for the Official Hollywood Symphony Orchestra to perform anywhere in the world”.
But how is it possible to have two groups with the same name? “Because the Trademarks are exclusive economic rights with territorial validity“, he explains to the Polygraph Richard Henry, lawyer specializing in patents and intellectual property at Abreu Advogados. “Who can grant the exclusive right is the state that issues the title and recognizes the exclusive right. In the case of the European Union, there is an agreement which grants [esse direito] for all Member States. There is no mistake, this is precisely how the registration of trademarks and other exclusive rights works”.
also in to place North American StopFakes.gov – an information platform on intellectual property rights – it is explained that trademark registrations are territorial and which must be requested in each country where legal protection is sought. “Because the rights granted by trademark registrations in the United States extend only to the territory of the United States and have no effect in other countries, an inventor who seeks trademark protection in other countries must file an application for trademark registration in each of the other countries or in the regional services “, can we read.
This means that the Hollywood Symphony Orchestra brand [norte-americana] only has trademark registration in the United States, while the Hollywood Symphony Orchestra [europeia] exclusive to all countries of the European Union. “THE The trademark of the United States, in the European Union, has no value. If there is someone in Europe with a brand with the same configuration, they have exclusivity. Only this person – or the one authorized by him – is authorized to mark this type of products which are indicated in the registration of the mark made in European territory”, adds the lawyer.
In this context – and in view of the fact that the exclusive recording of the Hollywood Symphony Orchestra [europeia] time valid until 2025 -, a Hollywood symphony orchestra [norte-americana] you will not be able to use this name in any concert that you will do on European territory. “They could come here. It’s one thing to come to act, it’s another to use the name,” explains Ricardo Henriques.
Asked about the rights of spectators who could feel cheated in the purchase of tickets to attend these concerts, the lawyer explains that if the name of the orchestra is used “there is no misleading advertising” and, therefore, would have “no rights in this way”. “The consumer can claim that he knew the other and that he was wrong, but in the European Union the other has neither protection nor recognition”, he continues. The fact that the Hollywood Symphony Orchestra [norte-americana] never having worked on European territory is another factor which makes it “difficult to argue that there could be more recognition, than [a orquestra] was known in Europe or that someone was deceived by this fact”.
The polygraph questioned the two Portuguese rooms about the possibility of requesting reimbursement of tickets purchased by spectators who wanted to see the North American orchestra, and the Coliseu do Porto referred this question to the promoter of the event: “Regarding reimbursement, the promoter must give indications in this regard, that is -say whether or not he reimburses the spectators who may ask for it.
For John Beal, this situation “not only harms the reputation” of the North American orchestra, it disappoints European spectators. “They didn’t see or hear the orchestra they thought they were seeing. It seems that the European Union has no problem with someone registering a name with an existing trademark registration,” he concludes.
Euroconcert considers “unfair” the publication made on Facebook pela Hollywood Symphony Orchestra [norte-americana]: “We regret the harmful spirit of this publication, which undoubtedly causes a current negative review on our concerts that it is totally unfounded and that we ask you not to discourage anyone from coming as a spectator. The producer also states that he intends to pursue the matter for legal channels.
In conclusion: the group that performed on January 11 and 24 and will perform on January 30 is the Hollywood Symphony Orchestra [europeia] not the Hollywood Symphony Orchestra [norte-americana]. Both brands are registered in their respective countries, which means that they can coexist.