Band with your band's name

dbassman59 · #1 04-21-2009, 07:33 PM

What would you TB'rs do if:

a) You found someone using your name. How heavy would you pursue them to change?

b) You found out inadvertently you have been using another's band name .... and to complicate it ... you've used this name for 10 year and the other band supposedly used it longer (11 years) ... the name is not registered and likely won't be registered ... (name was thought of in the days before "google") ...to further complicate it you have a bit of a fan base under your name (or their name however you chose to look at it)

What would you do??

steveinohio · #2 04-21-2009, 08:08 PM

Keep the name and dont sweat it.

PBass101 · #3 04-21-2009, 08:12 PM

There aren't any real legal issues in what you've described, so long as nobody has used the name to form a publishing corporation for writing and song rights.

Lefty Geek · #4 04-21-2009, 08:15 PM

If two different bands thought of the same name, it probably wasn't original to begin with.

adamrobertt · #5 04-21-2009, 08:18 PM

Your cover band isn't going to make it big anyway, so I wouldn't worry about it.

Ozzman · #6 04-21-2009, 08:50 PM

Unless the band is in the same city as you, or is getting signed and going on a world tour, there's no real big issue. My band name is being used by some kids in Arkansas and it doesn't bother me one bit. Although my band did recently trademark the name for use as a band so we'll probably be sending them a email pretty soon.

GillesUnchained · #7 04-21-2009, 10:23 PM

a) Sue them if they refuse to change their name.

b) Keep the name and don't make a stink about the other band. But really, if both bands have been around for a decade and neither is popular enough that someone noticed they have the same name, its not going to matter.

Gord_oh · #8 04-21-2009, 10:27 PM

get famous before they do and take the name as a reward.

QORC · #9 04-22-2009, 04:53 AM

The answer?

it depends.

Are you just a local band? Are you in Montana and they are in Delaware? If so, it's not really an issue.

If they (or you) are a truly SIGNED band, there could be an issue.

You can't sue unless you own the copyright to the name. It will cost you money to sue them and in order to WIN, you have to prove that this band using your copy-righted name has caused you financial loss. Without this, you won't win and it will cost you a lot of legal fees to do it.

So unless you are a big band, or on the verge of being huge, you really don't have much reason to worry about this.

sounds to me like you're getting your underwear in a bundle over nothing.

DanFold · #10 04-22-2009, 04:59 AM

copyright it? don't cost much.

If the other band already has, just leave it until they come knocking on your door... then you have no choice.

lawsonman · #11 04-22-2009, 05:35 AM

Quote:

Originally Posted by adamrobertt

Your cover band isn't going to make it big anyway, so I wouldn't worry about it.

And neither are 99.999% of original bands.

Febs · #12 04-22-2009, 05:37 AM

All: this would be an issue of trademark, not copyright. Names are generally not subject to copyright protection.

In the United States, trademarks may be acquired through use, regardless of whether they have been registered. There is a good summary here: http://cyber.law.harvard.edu/metasch...ain/tm.htm#toc

Trademark protection generally applies only in the geographic area where the mark has been used. Thus, it is entirely possible, at least in the United States, for two different entities to use the same mark in different geographic areas without either one infringing on the other. The example in the article I linked to is a good one: a restaurant in Los Angeles can have the same name as a restaurant in New York and each can enjoy trademark protection in the particular area where they have used the mark.

A band that is using the same name of another band has at least three concerns to take into consideration. First, does the band ever want to use the name outside of its specific geographic area? Second, does the band want to prevent another band from using the name? Third, does the band want to position itself to be able to defend a claim of trademark infringement should that situation ever arise?

For a local band which only plans to perform in a specific region and does not intend to sell CDs or other recordings to a wider area, these concern may not be significant enough to justify the time or expense necessary to register the trademark. (The trademark registration process is more involved than the process for registering a copyright.) For a band that is planning to tour or sell CDs or music through the internet, however, it may be a concern.

To the original poster: much of the advice you are getting in this thread is flat-out wrong. If you want reliable advice specific to your situation, you should consult an attorney familiar with trademark issues who is licensed to practice in your jurisdiction.

Disclaimer: I am not your lawyer; you are not my client. This post is not intended to constitute legal advice but is offered solely for discussion purposes.

rapturebass · #13 04-22-2009, 05:45 AM

My band's name is Rapture, but luckily the only Rapture is a little known black/extreme whatever meatl band very few ppl know of, and the other Rapture, the band from New York City, has "The" in front of it.

Relic · #14 04-22-2009, 06:19 AM

We had this happen with our originals band "Dipsomaniacs". We were fortunate though that they were actually in Norway so we never really stepped on each other's toes but it has caused confusion in the past. So much so that on each others websites we used to explain that there's another band with the same name, etc. I believe that we predated them by a year or two so if there was ever a battle for the name we would probably get it. Glad it never came to that though as they turned out to be a great bunch of guys, it would have sucked to have been battling it out over a stupid name

.

**Jerose** · #15 04-22-2009, 06:31 AM

My funk band in New York has the same name as a metal band in South Africa. Somehow I highly doubt we'll ever be a problem for each other.

So no, I don't think I'll be hunting them down ever. :P

DanFold · #16 04-22-2009, 06:47 AM

I'm sorry, but i can think of a few bands called the or just 'Rapture'

I reckon you'd have to change it if/when you got somewhere.

And my bands name has copyright!
Luckily we are the only band with 'Our Fold' :-)

It doesn't really matter that much if you have the same name as someone else, A band i know here The Charlatans, are just that here... But when they go to the US, they have to be called The Charlatans UK. (Never actually heard of the american band the charlatans, any good?)

COOL AND DEADLY · #17 04-22-2009, 06:51 AM

We have the same name as a band in Canada. They threatened to sue us if we ever play in Canada. We also kicked the guy who named our band out of our band. He told us we needed to change our name too. He's a jerk, and we're not changing it.

NS2A · #18 04-22-2009, 06:55 AM

Quote:

Originally Posted by Febs

All: this would be an issue of trademark, not copyright. Names are generally not subject to copyright protection.

+1 You TRADEMARK a name. Much, different than copyright.

bluespenny · #19 04-22-2009, 06:56 AM

Or relax and just be thankful you're in a band, and not your basement.
Our band has the same name as an act in Japan. We connected through myspace, and plan to play a show together, when and if either band gets big enough.
The best part? We have similar tastes in music, and though we sound nothing like each other, having the same name introduced people on different continents to new friends and ideas.

two fingers · #20 04-22-2009, 06:58 AM

I wouldn't sweat it unless you guys play the same market. Heck, there's a Train Wreck band every twenty feet in this country.

P.S. NS2A. Stop yelling at me. It's rude.