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Johnny Marr at his recording studio in Stockport
Johnny Marr’s lawyers said the trademark was obtained in 2018 upon discovery that it was not owned by the band. Photograph: Christopher Thomond/The Guardian
Johnny Marr’s lawyers said the trademark was obtained in 2018 upon discovery that it was not owned by the band. Photograph: Christopher Thomond/The Guardian

Johnny Marr rubbishes Morrissey’s claim about Smiths trademark

This article is more than 1 year old

Lawyers for the guitarist say ownership was shared with former frontman, who has not yet signed legal papers

Johnny Marr has rejected the claim made by Morrissey that he had acquired the trademark for the Smiths “without any consultation”.

Morrissey, the group’s lead singer who last week accused Marr of blocking the release of a greatest hits album, said on Monday that Marr had the copyright and that could allow the group to tour with a new vocalist.

But Marr said on Tuesday that was “incorrect”. A spokesperson 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.­­­­­­­­”

Morrissey and Johnny Marr in happier times, posing for a Smiths promotional shoot in 1987. Photograph: Eugene Adebari/Rex Features

Marr also rejected Morrissey’s claims that he had “ignored” a lucrative offer from AEG Entertainment to reunite the band for a worldwide tour.

“To prevent third parties from profiting from the band’s name, it was left to me to protect the legacy,” Marr said. “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.”

Marr denied that he was planning to tour with a different singer under the Smiths name, saying the suggestion was “not true” and that “there are no such plans”. He also confirmed that he had declined a suggestion for a greatest hits compilation from Warner Music Group, “given the number already in existence”.

Morrissey had previously claimed that a greatest hits album called Smiths Rule OK! was being planned. “Warner approached Morrissey and [sleeve designer] Darren Evans to assemble artwork for all four releases, all of which were rejected and halted out of hand by J Marr,” Morrissey wrote.

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