Same band name as another on opposite coast

walknbluez · #1 06-16-2009, 04:45 PM

How much of a problem is it if you discover that your band name was first being used by another band on the opposite coast (they don't appear to be a touring national act) and we are just a local band doing local gigs? Thoughts?

stflbn · #2 06-16-2009, 04:49 PM

Depends if either of you realistically used it first and con prove it, then depends if either gives a crap and wish to harass the other to change.

For most it doesn't matter. If you've got big aspirations it's probably best to just change your name to something unique and tie up that name legally asap.

BigOldHarry · #3 06-16-2009, 04:50 PM

I'm gonna guess that there have been about a zillion bands named "Loading Zone" - so long as none are creating copyrighted material or are signed, who cares?

ding_man · #4 06-16-2009, 04:51 PM

I wouldn't worry too much about it.

jaywa · #5 06-16-2009, 04:55 PM

Don't worry about it. Especially if your bands are a whole country apart from each other.

The biggest thing you'll want to watch is if you have a Website, that your URL is distinct in some way from the band on the other coast (and any other bands who may be out there under the same name).

walknbluez · #6 06-16-2009, 05:04 PM

Quote:

Originally Posted by BigOldHarry

I'm gonna guess that there have been about a zillion bands named "Loading Zone" - so long as none are creating copyrighted material or are signed, who cares?

We play originals and I think the other band does as well.

**barebones** · #7 06-16-2009, 05:14 PM

Quote:

Originally Posted by walknbluez

How much of a problem is it if you discover that your band name was first being used by another band on the opposite coast (they don't appear to be a touring national act) and we are just a local band doing local gigs? Thoughts?

You guys should totally do a tour together!

Getaway Driver · #8 06-16-2009, 08:37 PM

A jazz duo out of Massachusetts has the same name as us. Within the first week of having a myspace they had added us as friends but no complaints about the name, so I figure we're cool. Coming up with a distinctly original name is impossible nowadays, particularly with the internet making it possible to find bands ALL OVER THE WORLD. Someone, somewhere already thought of the name first. no matter what you think of. Whether the band is still around, is making original material, or has aspirations to go somewhere with the name is what counts. As a joke, I threw out the name "Harrison Fjord", and sure enough, it was taken. What's left for an original name when you're to the point of throwing out crap like "Harrison Fjord" and "George Washingtron"?

Joe Nerve · #9 06-16-2009, 08:54 PM

When I had the band The Nerve there were lots of other bands called The Nerve. I even played in another band called Nerve for about 6 months while I was in The Nerve. There was yet another The Nerve that was playing the same clubs as us. It fueled us though. We added an exclamation point after the name, hence "The Nerve!", came up with a simple logo that we plastered all of Manhattan with flyers and stickers month after month. We were relentless. If we weren't gigging we posted flyers that said THE NERVE! (in huge letters) "appearing nowhere this weekend", beneath. I'm fairly certain that JoJo Meyer's Nerve became "JoJo Meyers" because of us. We made a name for ourselves and everyone else had to deal with it.

I wouldn't worry too much. If you want to be certain though you can do a trademark search. It costs a bit though if I remember correctly.

walknbluez · #10 06-16-2009, 10:31 PM

Thanks for the replies. It reassured the other band members as well.

UncleFluffy · #11 06-16-2009, 10:41 PM

A basic trademark search is free: http://www.uspto.gov/ select trademarks->search tm database.

J. Crawford · #12 06-16-2009, 10:43 PM

My band name is the same as a rap group in Malaysia. We dont mind it. I think they are "broken up" at the moment though.

I say dont worry about it, unless they are trademarked, as stated.

Sartori · #13 06-17-2009, 06:44 AM

Quote:

Originally Posted by Getaway Driver

A jazz duo out of Massachusetts has the same name as us. Within the first week of having a myspace they had added us as friends but no complaints about the name, so I figure we're cool. Coming up with a distinctly original name is impossible nowadays, particularly with the internet making it possible to find bands ALL OVER THE WORLD. Someone, somewhere already thought of the name first. no matter what you think of. Whether the band is still around, is making original material, or has aspirations to go somewhere with the name is what counts. As a joke, I threw out the name "Harrison Fjord", and sure enough, it was taken. What's left for an original name when you're to the point of throwing out crap like "Harrison Fjord" and "George Washingtron"?

Indeed. My roommate freshman year of college said he'd always wanted to start a band called "Death Spares Not the Tiger," but then he learned that there was already a band called that.

What you could do, is just add "The True" to your name, as part of it.

Phalex · #14 06-17-2009, 07:54 AM

If a venue from the other side of the continent calls you asking where the hell you are on a Friday night because they think they've booked you for a gig, you might have a problem.

Don't sweat it.

jaywa · #15 06-17-2009, 08:04 AM

Quote:

Originally Posted by Getaway Driver

Coming up with a distinctly original name is impossible nowadays, particularly with the internet making it possible to find bands ALL OVER THE WORLD. Someone, somewhere already thought of the name first. no matter what you think of.

This is so true. IMO the most painful part of starting a band is coming up with the name. I loathe that part of the process even more than advertising for players, auditions, or anything else.

dhomer · #16 06-18-2009, 12:04 AM

I've had varying experiences with this topic... About 15 years back I was part of a band called "Diver". It was apparent that someone else trademarked that name locally, and told our lead vocalist in no uncertain terms he can't use it.. Welll... the lead vocalist claimed he had the name before the other guy, and he wasn't about to abandon it. Solution was to put the singer's last name in front of "Diver"... Many years later, I was in a country/rock outfit called "Second Wind".. Trust me, there are plenty of "Second Winds" out there. In fact, one club we played at (about a 4 hour drive from home), we had to change the name to "Second Nature".. Seems there was another "Second Wind" in that area, and they were a terrible band. If folks in that town knew "Second Wind" was playing, they'd stay home....

QORC · #17 06-18-2009, 06:18 AM

If you're both local acts, it doesn't matter. Not at all.

If neither band has trademarked the name, neither has any legal recourse.

99.9999999999% of bands fail within a couple of years anyway. It's not like you're Aerosmith or something, right?

Much to do about nothing.

dalkowski · #18 06-18-2009, 06:22 AM

Non-issue.

Unless your band and the other band are both called "The Dystrophy Eaters," in which case I'll have to sic my phalanx of highly paid Philly lawyers on you.

Rock well!