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So who owns the Smiths trademark? Morrissey & Johnny Marr's latest feud explained

So who owns the Smiths trademark? Morrissey & Johnny Marr's latest feud explained

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Morrissey may be vegan but his long-running beef with ex-bandmate Johnny Marr keeps getting meatier. While the 2 have been at loggerheads for decades now, their cold war took  a couple of unexpected turns this past few weeks.

Last month, Morrissey claimed that the Smiths had received a lucrative offer for a reunion tour and that he was willing to accept, but that Marr “ignored" it. Last week, the singer took it a step further by claiming that Marr was blocking the release of a Smiths greatest hits album.

And just a few days ago, the former Smiths frontman stated on his website that Marr had acquired the exclusive rights to the Smiths name. Morrissey posited that the Marr could conceivably tour under the group’s name with a different vocalist. Morrissey also emphasized that he “alone created the musical unit name ‘The Smiths’ in May 1982.”

“J Marr has successfully applied for 100% trademark rights / Intellectual Property ownership of The Smiths name. His application has been accepted on whatever oaths or proclamations he has put forward. This action was done without any consultation to Morrissey, and without allowing Morrissey the standard opportunity of ‘objection’. Amongst many other things, this means that Marr can now tour as The Smiths using the vocalist of his choice, and it also prohibits Morrissey from using the name whilst also denying Morrissey considerable financial livelihood."

Yesterday, Marr responded by proceeding to debunk each claim via his management.

"A statement from Johnny Marr’s management:

Recent statements made by Morrissey on his website regarding the trademark of the Smiths’ name are incorrect. Here are the facts:

In 2018, following an attempt by a third party to use The Smiths’ name – and upon discovery that the trademark was not owned by the band – Marr reached out to Morrissey, via his representatives, to work together in protecting The Smiths’ name.

A failure to respond led Marr to register the trademark himself. It was subsequently agreed with Morrissey’s lawyers that this trademark was held for the mutual benefit of Morrissey & Marr.

As a gesture of goodwill, in January 2024, Marr signed an assignment of joint ownership to Morrissey. Execution of this document still requires Morrissey to sign.

In the interests of accuracy and clarity regarding the trademark, and to answer recent reports that Marr ignored a promoter’s offer to tour as the Smiths, Marr says:

“To prevent third parties from profiting from the band’s name, it was left to me to protect the legacy. This I have done on behalf of both myself and my former bandmates.

“As for the offer to tour, I didn’t ignore the offer – I said no.”

Additionally, speculation about Johnny Marr touring with a different singer as the Smiths is not true. There are no such plans.

Johnny Marr also confirms that he declined a suggestion for another greatest hits compilation from Warner Music Group given the number already in existence."

The pair have been at war since the Smiths split in 1987 - encompassing legal battles, verbal insults and public accusations. If hopes of a Smiths reunion is a light that never goes out, it's certainly dimmer than its ever been. Heaven knows they're miserable now.