Another band has the same name as ours...Advice please?

The Bassmonkey · #1 03-04-2011, 09:22 AM

Hi all!

Hope everyone is having an awesome day!

I was just given the link to a youtube video for another band that goes by the same name as my current band 'Amity Road'

They are only kids and only the one song (that i can see anyway).

We (my band) bought the rights to the name Amity Road ages ago and obviously still use it. We have an album out available in major digital outlets etc...

Now, do i just carry on and let them use the name, or do i send them a friendly email (and i mean friendly, they are kids, well 14 - 17 i think) and ask them to change their name?

My main concern is that if anyone searches for us or them, then potential fans, and people interested in the bands may get the wrong band and then give up. This would obviously be negative for both bands.

I 'googled' Amity Road, and were still the main/top links on the search results, but hey, that could change ha ha!

Advice anyone?

Thanks

Lee.

theduke1 · #2 03-04-2011, 09:42 AM

I would try to contact them and ask the to change upon giving they the llegal proof of ownership. if that doesnot work send them a certified letter to stop. Certivied so they have to sign for it. It they still don't change their name call your lawyer and let him handel it.

jaywa · #3 03-04-2011, 09:43 AM

My only advice is to check out the Search function on this site... I think this topic has been up for discussion before. It happens a lot more often than people might think.

mboogiemanusa · #4 03-04-2011, 09:50 AM

Since you have the rights and have recorded material - I would initially just put a nice post on their YouTube video mentioning you purchased the rights to the name and put in some links to your facebook/myspace/websites music etc. If they see how advanced your band is they may change it but again your dealing with kids whose band may have already broken up. Mention you have a record and if their project gets to the level your at - you will probably need to find another name any way. My own band is just a cover band with many other bands that have the same name across the world just not in our neck of the woods so we don't worry about it. When we were originally deciding on a name - we searched Google and noticed another band using the first name we selected that was consistently gigging all across the mid-west. We changed the spelling a tad so there would not be a conflict. Other bands also use our current name but either are in England or on the East Coast and rarely gig.

mambo4 · #5 03-04-2011, 10:09 AM

The UK band Amity Road clearly has the dominant web presence...the Idaho band takes some digging to stumble accross.

I would balance any demands for a name change with careful consideration about how realistic the chances of financially harmful brand confusion are.
Is Amity Road (UK) scheduled to swing by Boise, Idaho anytime soon? Will someone spend their money at the wrong venue because of some idaho teens doing weezer covers?

If their is no realistic chance of such confusion, I would just kindly request that they include a tag line "Not to be confused with the UK band Amity Road" with link to your stuff.

If Amity Road UK is indeed touring Idaho, then it may matter. But if not...no reason to throw lawyers at a bunch of teens.

walker rosewood · #6 03-04-2011, 02:08 PM

see this thread....

Legal advice: Contacted by a band's attorney

bassteban · #7 03-04-2011, 02:09 PM

Cage match, to the death.

80'sRocker · #8 03-04-2011, 02:11 PM

Do a TB search on this matter, someone a few months ago had an issue like yours and there were tons of helpful responses. **OOPS just checked, Walker Rosewood has posted the great thread above me.

DERECOLA · #9 03-04-2011, 02:36 PM

If they were in the same town or close to u I would say something,if not who cares they will break up soon anyway.

WJGreer · #10 03-04-2011, 02:40 PM

Quote:

Originally Posted by theduke1

Certivied so they have to sign for it. It they still don't change their name call your lawyer and let him handel it.

Under the circumstances, I think an attorney whose practice deals outside of classical music would be a better choice.

(get it?

)

MatticusMania · #11 03-04-2011, 03:01 PM

Yeah, if it were me, Id probably just let this one go...

UncleFluffy · #12 03-04-2011, 03:03 PM

Quote:

Originally Posted by The Bassmonkey

We (my band) bought the rights to the name Amity Road ages ago and obviously still use it.

World-wide trademark rights, or just the UK?

Are they in the same country as you?

Marty Forrer · #13 03-04-2011, 03:23 PM

The odds are there's dozens of Amity Roads in the world. Ya cant go chasing all of them. Over the last three decades I've played in dozens and dozens of bands, and I bet not one of them had a totally unique name. That's the way it is.

paganjack · #14 03-04-2011, 03:26 PM

Quote:

Originally Posted by bassteban

Cage match, to the death.

+1. you gotta protect your brand!!

RustyAxe · #15 03-04-2011, 03:40 PM

I listened to them, and to you, and you guys don't need to worry about any confusion ...

... I also noticed that someone posted about your band and they responded.

MatticusMania · #16 03-04-2011, 05:09 PM

Find an address that you can send some snail mail to. Send them a free copy of one of your CDs. If they dont change it, just keep sending them stickers and flyers for your shows until they catch on.

MNAirHead · #17 03-04-2011, 05:12 PM

I'd spend the time with my website's metatags and search registration --- Not kids in the middle of nowhere.

**StrangerDanger** · #18 03-07-2011, 08:52 AM

Quote:

Originally Posted by theduke1

I would try to contact them and ask the to change upon giving they the llegal proof of ownership. if that doesnot work send them a certified letter to stop. Certivied so they have to sign for it. It they still don't change their name call your lawyer and let him handel it.

JK, LOL

**Lazarus.Bird** · #19 03-07-2011, 09:00 AM

Quote:

Originally Posted by walker rosewood

see this thread....

Legal advice: Contacted by a band's attorney

As the person who created this thread, to the OP of this current thread, if you genuinely think someone could confuse your two bands then contact them directly and nicely state your case and ask them if they would be willing to change their name. Your situation is definitely different from ours, but still shares some common aspects.

When OCMS's attorney basically tried to strong arm us, we got pretty angry about it, and we're all mature 20-somethings that live in the real world. Think how a bunch of teenagers would act. If they don't comply, then send them a certified cease and desist.

And that's if you think there could truly be confusion. On the small chance this band would explode and get signed to a label, the label would do their homework and make the band change their name. If you don't feel like they're hurting anything right now, I'd just let them be.

MD39 · #20 03-12-2011, 09:17 PM

The whole name trademark thing is complicated. My band just went through it a while ago and your best bet and my recommendation would be to talk with an entertainment attorney. Thats what we did. We have an organization here in Atlanta called Georgia Lawyers for the Arts and they do work with the arts community, actors, musicians etc. I would see if you have a similar organization where you live and consult them.