Band Name Thieving

PastryChef · #1 06-25-2008, 01:03 PM

I was browsing myspace this evening and noticed another band has used the same name as mine, and they have used our name and made their URL different by adding the number 111 onto the end. As you may guess this angered me, is there any way we can tell them to change it.

We started our page way before they did but we havent uploaded any songs yet, due to lack of funds for recording.

any input would be helpful.

DWBass · #2 06-25-2008, 01:07 PM

Are y'all in different regions? Have y'all legally secured the name? More than one band can have the same name as long as they are working in different regions unless that band name is registered as a 'brand' or 'trademark' (usually high profile bands) then usually, no one else can use the name.

PastryChef · #3 06-25-2008, 01:14 PM

they dont seem to display their real location on their profile cause it says christmas island but all the friends are from florida, so i guess theyre in a different area.

Phalex · #4 06-25-2008, 01:37 PM

Wait about six more months and then contact them about a gig swap.

punkbassistfc · #5 06-25-2008, 01:40 PM

Quite common, just make it big before them. That will solve everything.

txbasschik · #6 06-25-2008, 02:08 PM

Do they have music up? If so...its a good thing they are an ocean away from y'all.

One of my husband's old bands found that there was another band, *in our immediate area*, that had taken his band's name. They refused to change theirs, even though hubby's band had it first, and had gigged under it first. The other band went so far as to show up at one of their gigs, declaring loudly to the audience that *they* were the originals, etc., and causing trouble.

Then my husband's band recorded a cd.

When things got real crazy, attorneys were contacted.

It all boiled down to the other band having to change the name, because my husband's band had recorded under the name first.

Cherie

mambo4 · #7 06-25-2008, 03:22 PM

If your band is rich, you can have your lawyers send them a nasty letter

If their band is rich, you can sue them for stealing your name assuming you can prove damages (hey, it happened to Nirvana*)

unless one of you is making a significant amount of money, it is probably a waste of time to be concerned...

(*from answers.com: "In the finish, however, the result was relatively amicable, with the original Nirvana getting together long enough to record a version of Cobain's "Lithium" for a 1996 collection of previously unreleased material. ")

ksandvik · #8 06-25-2008, 03:29 PM

In today's world it is sometimes quite hard to avoid name clashes, most band names have been taken, unless we are talking about strange spellings and unexpected combinational words and sentences.

As I know the only real way to protect a name is to trademark it. Costs money each year, and you need to apply for the trademark in other countries in case that's an issue. Bigger and medium sized record labels usually take care of that.

In general it's bad taste to deliberately take another band's name. In practical terms it is neither workable, as it causes confusion for everyone, both bands and so on. Let's say one is really lousy, so the other gets the same perception. Or that one is a Christian rock band, the other being a death metal band.

Basically the best is to do a google search on the band name including a quick look via myspace, if it's not around, or the name has nothing to do with an existing band (or old band) then it should be fine.

gonzorob · #9 06-25-2008, 03:30 PM

The solution is to play under a different name at every gig.

txbasschik · #10 06-25-2008, 03:35 PM

Quote:

Originally Posted by ksandvik

In today's world it is sometimes quite hard to avoid name clashes, most band names have been taken, unless we are talking about strange spellings and unexpected combinational words and sentences.

As I know the only real way to protect a name is to trademark it. Costs money each year, and you need to apply for the trademark in other countries in case that's an issue. Bigger and medium sized record labels usually take care of that.

In general it's bad taste to deliberately take another band's name. In practical terms it is neither workable, as it causes confusion for everyone, both bands and so on. Let's say one is really lousy, so the other gets the same perception. Or that one is a Christian rock band, the other being a death metal band.

Basically the best is to do a google search on the band name including a quick look via myspace, if it's not around, or the name has nothing to do with an existing band (or old band) then it should be fine.

Yep...a search for one's desired band name will show whether someone's already using it, and where they are, whether they've recorded, etc.

We were going to call The Knowbodys, "The Katusha Rockets", and, just as a lark, I ran the name. They already existed, and were touring with a major band. OOPS!!! Glad we came up with The Knowbodys!

Cherie

IanStephenson · #11 06-25-2008, 03:46 PM

There are a few bands worldwide with the same name as us. No biggy - none of them are famous, and they're not gigging locally.

Unless one of you is infringing on the others business then just forget about it, and get on with your own life.

Ian

McThumpin · #12 06-25-2008, 03:48 PM

Yeah that sucks when it happens. There should be a way to legally secure a band name besides trademarking. I'd be willing to pay for such a service.

Several years ago, I came up with the band name of a lifetime - something so unique that I never thought anybody else could think up such a name. I never told a soul about it.

Low and behold, when I went to sign up for a mysace page with that name more recently, someone had thought of it. Halfway around the world, some dude in Ireland somehow had the same crazy brainstorm I did.

And that was that. Back to the drawing board. I feel your pain.

QORC · #13 06-26-2008, 07:13 AM

yes, you can trademark a name. it's not hard to do, really.

but then are you really going to hire a lawyer and go to court to enforce it???

Unless you are a major touring band, you will not only not want to lay out the cash to hire a lawyer, but you will have a really hard time proving "damage" for a judge to agree that the other band 'cease and desist"

bottom line? Most bands are not going to bother with this. Just be the best band there is under THAT name and bury the competition.

EddieN · #14 06-26-2008, 09:38 AM

Just slap "UK" at the end of the band name & be done with it.

Rick Auricchio · #15 06-26-2008, 10:25 AM

Quote:

Originally Posted by ksandvik

In today's world it is sometimes quite hard to avoid name clashes, most band names have been taken, unless we are talking about strange spellings and unexpected combinational words and sentences.

I make these up all the time. Some examples:

Canned Hamburger
Common Denominators
Improper Fractions
Doll House Bananas
Grievance Committee
Miscellaneous Titles
Swing Moods
Drive Gone Bad

Bad band names for a club ad:
Closed
Dollar Drink Night
Ladies Night
Private Party
Special Guest
To Be Announced

sirpug · #16 06-27-2008, 04:37 PM

Quote:

Originally Posted by Rick Auricchio

I make these up all the time. Some examples:

Canned Hamburger
Common Denominators
Improper Fractions
Doll House Bananas
Grievance Committee
Miscellaneous Titles
Swing Moods
Drive Gone Bad

Bad band names for a club ad:
Closed
Dollar Drink Night
Ladies Night
Private Party
Special Guest
To Be Announced

Good stuff. There used to be a band named "Free Beer" in the Seattle area. I've been told that they sold out the club/bar most of the time they played. I wonder why?