Band name copyright?

[rabid_granny]

Here's a real-life dilemma:

My high school band formed in 1995. We called ourselves the "Rabid Grannies." I saw the name in a VideoHound movie-cyclopedia. The movie "Rabid Grannies" is a European gorefest that was distributed by Troma.

We played a few high school shows, the band is practically dead but we like to pretend it's still around.

Back in March, to my dismay, I discovered there was a Swedish punk band called "Rabid Grannies." They have a website (@cjb.net or something) and they really really blow donkeynuts.

Judging by their website, we must have formed long before those imposters.

So, how would this play out if I formed a NEW "Rabid Grannies" and suddenly became famous?

[SMASH]

Granny - same as the answers I posted above.

Note to folks about those sites for registering band names - they hold no real clout. If you want to start a band with the same name as 50 slacker bands with an internet connection and no known songs, crowd, or exposure, and you hit the big time before they do, the name's all yours.

It is NOT about who came first, it is about the possibility of any confusion between the two. There are dozens of products named "intgra" from automobiles to stereo tube amps and there are no lawsuits or conflicts 'cause there's no confusion.

[ewendkos]

Smash -

while I do not disagree with your assesments it is important to note that those are INTERNATIONAL Tradmark and Copyright conventions, NOT US Law.

I'll give you an example.

In the US, if I register band name "monkey spankers" 5 years ago with the Government, it doesn't make a difference if I never use it - it's mine until the TM expires (although it is important to note that non-use does constitute a reasonable argument against infringement). If another "monkey spankers" comes along, they'll have a fairly expensive legal battle to try and take it away from me, even if they've used it for 3 years and are the known party of the two.

However, to use another example, when the Olympics came to town several years ago, the Olympic committee argued successfully that any business in the Atlanta area with "Olympic" in their name had to cease and desist. This was because of International conventions (and the fact that there would be many International visitors who would likely be confused by the name). Businesses who were Olympic Dry Cleaners or Olympic Pizza for more than 30 years had to change their names - if only while the Olympics were in town.

And as for performance royalties - in the states, there is no royalty for performing another artist's song (provided it's not broadcast). In other words, a cover, performed in the states LIVE, is not charged royalties. The main reason for this, in the states, are the fairly complex formulas for calculating royalties are generally based on "number of listeners" and it is very difficult to enforce and report this information for most clubs. Addtionally, it should be noted that the royalties go to the publisher and songwriter, and though this may often be the artist, just as often it is not.

[Rockin John]

My understanding of things here in UK agrees with Moley....Hi Moley....

I've a mate who's a DJ and asked him for his opinion on royalties and the like. He told me that the venue carries the license and, therefore, the responsibility for the royalties side of things.

You see, I was a bit worried about the "Covers Police" turning up at my house at 3am and demanding money for our latest version of ***** ** ***. And then demanding double because the version was a bit cr@p, anyway.

Top and tail seems to be, ignore the problem.

I believe the UK holds a performing rights website. The info there, I understand, is vague and ambiguous so that anyone wishing to do 'the proper thing', can't because he can't get to the crux of the information.

John