Hispanic Record Producer Wins Verdict Over Univision In U.S. Trademark Case.

A small, entrepreneurial record producer won a trademark victory for his music products against opposition by Univision Hispanic media company in a decision rendered by the United States Trademark Trial & Appeal Board.

Univision’s Fonovisa Records had tried to prevent registration of the trademark “Puros Corridos Malandrines” by family owned AJR Discos, a small Los Angeles producer of Spanish language music, owned by Aaron Lopez Valdovinos. Lopez has been using Puros Corridos Malandrines as the title for a series of popular Spanish musical compilations since November 1999. The series of recordings have been sold on Lideres Entertainment label, distributed by Universal Music.

The English translation for the trademark is “Truly Scandalous Ballads.” Fonovisa had argued that the Spanish mark was merely the description of a type of ballad and was not entitled to registration as a U.S. trademark. Cheryl L. Hodgson, Los Angeles attorney for Lopez, submitted testimony from Dr. Gerado Luzuriaga, UCLA professor and chair of the Department of Spanish and Portuguese, to support her client’s right to issuance of a valid trademark registration. Additionally, Hodgson argued before the Trademark Trial and Appeal Board that the title can also mean, “Songs of the Good-for-Nothings.” Hodgson pointed out that the Lopez mark already had been successfully registered in Mexico.

“Hopefully, this decision will serve to curtail the frequent infringement of entertainment brands,” Hodgson said, “and encourage musical artists, performers and independent labels to develop and protect their intellectual property rights through proper use and registration.” Hodgson is a music attorney who specializes in building and protecting the brand identity of entertainers.