For the ‘Too Good To Be True’ File

So let me get this straight: according to the Las Vegas Sun, the Fab Four, a Beatles ‘tribute band’ [a lousy generic descriptor for bands like this, imho – how about ‘murder band’ instead], is suing the Fab 4, a different Beatles ‘tribute band,’ alleging that The Fab 4 is “essentially identical in sound and appearance” to The Fab Four. Imagine that — why, they’re trying to cash in on the popularity of another band!

[Actually, all jokes aside, the Fab Four might have a credible cause of action here — but only for trademark infringement, I would guess. Insofar as the Fab Four sound just like the Beatles, they have no copyright claim against anyone copying their sound – both because they have no “original” work to protect via copyright, and also because copycats can plausibly argue that they’re copying the Beatles, not the Fab Four. But the name “The Fab Four” might well be a protectable trademark, infringed by “the Fab 4.”]

[Thanks to Mark McKenna for the pointer]