as a home for writers and topliners. An entirely separate entity from Ultra Records, UIMP is wholly owned by Moxey, with Warner Chappell acting as its sub-publisher in the U.K. And this is where things get complicated.against Moxey and UIMP claiming that upon the completion of this transaction, the prior licensing agreement that was in place allowing Moxey to use of the name “Ultra” in connection with his publishing company was effectively terminated.
When you pick a generic and casual term like “Ultra” for your company, a term that is used as a superlative, an amplifier, one that has as much trademark value as “awesome” or “super,” these conflicts are never going to end. Further down is a descriptive mark. Laudatory marks like “Ultra” fall under this category. Expert trademark attorneyexplains, “You can build up rights to a mark that is laudatory or descriptive. It is protectable, but your scope of protection is going to be narrower.”
Beyond the confusion of various “Ultras” in the music space, SME asserts that there was a licensing agreement in place which was terminated upon the 100% acquisition. If there was an explicitly written licensing agreement — which is unclear — the litigation would not be happening.