“It was left to me to protect the legacy. This I have done on behalf of both myself and my former bandmates”: Johnny Marr hits back over Morrissey’s Smiths trademark claims
No plans to tour as ‘The Smiths’ without Morrissey either
The war of words between Morrissey and Johnny Marr goes on, with the guitarist refuting claims that he’s acquired his old band’s trademark without consulting his erstwhile creative partner and has blocked a new Smiths’ Greatest Hits album.
Earlier this week, the 65-year-old singer posted a message on his Morrissey Central website, saying “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. Morrissey alone created the musical unit named The Smiths in May 1982.’
Whilst it seems it’s true that Marr applied for the trademark and seems to have owned it since 2018, the guitarist has now given his side of the story.
A spokesperson for the guitarist said: “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 and 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.”
Marr also rejected claims that he had “ignored” a huge offer from AEG for a Smiths reunion tour, which Morrissey had been agreeable to. “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.”
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The statement also added: “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 idea of a band purporting to be ‘The Smiths’ touring without either their singer or guitarist is, of course, ridiculous. But it should be pointed out that back in 1987 after Marr left the group, Morrissey did briefly consider carrying on the group with Easterhouse guitarist Ivor Perry. Thankfully, he quickly dropped the idea.
Whatever, don’t hold your breath for a Smiths reunion any time soon.
Will Simpson is a freelance music expert whose work has appeared in Classic Rock, Classic Pop, Guitarist and Total Guitar magazine. He is the author of 'Freedom Through Football: Inside Britain's Most Intrepid Sports Club' and his second book 'An American Cricket Odyssey' is due out in 2025
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