Not sure if Scouts wear Speedos, but they’ve both adopted the same strategy to protect their name (and image).

Recently a young Aussie indie band, The Cub Scouts, reported that they were ‘asked politely’ by Scouts Australia to change their name. The details have been kept secret, but given that Scouts Australia isn’t in the business of producing music it’s likely it used the "well known mark" provisions of the Trade Marks Act to force the name change. Speedo did the same thing to the owner of a website and blog who used a "similar" design as the Speedo arrow logo. Quite simply, cease using the apparently similar logo or face litigation.

Under the Trade Marks Act if a registered trade mark is well known, then the owner of the mark can stop its use in respect of similar goods or services and also goods and services in unrelated classes.

Think Coca-Cola motor cars. Think Google beverages. Think the Speedo logo and a blog? Think Cub Scouts, the band?

There are two catches to the "well known mark" provisions. First, it must be likely that punters will perceive a connection between the well known mark and the infringing mark. Secondly, the use of the infringing mark must be likely to cause an adverse impact on the owner of the well known mark.

Definitely Coca-Cola and Google would win. But the jury is still out in relation to Speedo attempting to protect its logo (the arrow thingy) from a blog and the Scout movement stopping an indie rock band in its tracks.

And, to ensure you keep up to date with your music news . . . The Cub Scouts are now known as Cub Sport – check ‘em out http://www.youtube.com/watch?feature=player_embedded&v=haCay85cpvo