A number of recent news articles have commented on the threat to the brands owned by Boy George and his band members, namely the BOY GEORGE and CULTURE CLUB UK trade mark registrations, which could be lost to third parties based on mounting debts and unpaid loans linked to the band and its members.
Trade mark registrations are assets that can be sold or licensed to third parties. They can also be used as collateral for securing loans. In this instance, publishing rights and number of IP rights, including the UK trade mark registrations for CULTURE CLUB owned by CC Trademark Limited, of which the band members are directors, and BOY GEORGE owned by Cometmarket Limited, of which Boy George is a director, were used to secure loans in this manner.
The upshot is that if the terms of repayment of any loan against which such assets have been used as security are breached, then the entity that provided the loan can take ownership of the relevant rights, including the trade mark registrations.
We note that the BOY GEORGE and CULTURE CLUB trade mark registrations were due for renewal on 12 December 2024 and have not been renewed. However, there is a six month grace period that could be used by any new owner should they obtain the registrations and that would enable them to renew before 12 June 2025.
The BOY GEORGE and CULTURE CLUB trade mark registrations grant exclusive rights to those terms in relation to a broad range of goods and services. It is clear that they would be very valuable assets if acquired by a third party that was in the position to maximise the commercial value of these well-known brands via merchandise and services.