Band name copyright question

[particleman]

I've done a lot of research about band name copyright issues and haven't found a clear answer to the question of whether you can start a cover band with a name that is based on the lyrics of the band you're covering. I'm in a Beatles cover band and we want to make our name based on the lyrics in a Beatles song. We're not sure which song to choose yet, but our name will definitely include one or two words from a song switched around or slightly altered.

I know that lyrics are copyrighted and band names can be trademarked, but i'm not sure if we'd get into trouble by naming our band after a Beatles lyric. I once saw a Rolling Stones cover band called Satisfaction, so it seems that other people have done it...

[DeRoy]

There's a Beatles cover band around my parts that's called Me and My Monkey. They've been around for quite a while, played some relatively high profile shows (like our Main St. Arts Festival), and - as far as I know - they've never had any problem.

[heavyfunkmachin]

e-mail yoko:

bandbreakingbeach@nutcraker.com

[particleman]

Originally Posted by DeRoy

There's a Beatles cover band around my parts that's called Me and My Monkey. They've been around for quite a while, played some relatively high profile shows (like our Main St. Arts Festival), and - as far as I know - they've never had any problem.

Do they sell stickers, t-shirts, etc? We may end up doing that kind of thing on the side.

[crijan]

As long as no one is using the name in your market (for any business), or no one would easily confuse your name with an existing business (of any kind), then you are good to go. A word or two from a bit of copywritten lyrics can be used, no problem. Otherwise, with all the books that have been written over the years, there would be no words left in the english language that could be used commercially.

Famous example, Apple Computer, named after the Beatle's record label. Apple Records sued and Apple Computer was allowed to keep the name as long as they were only selling electronics. Once Apple Computer became a record company of sorts with iTunes, they ended up paying a hefty settlement to Apple Records for the rights to continue using the Apple name associated with iTunes.

Another very popular Beatles band in the DFW area is called Hard Night's Day. They have been playing for 10+ years, winning mulitple awards as the region's best cover band (of any type), and have even played shows at Beatles fan festivals in England.