Use the same name as another band?

fishsticks · #1 10-20-2009, 02:59 PM

There are two names that i really like for my new bass and drum grind project that are being used by other bands... one of which is a indypop group in canada and the other is a local( but not my area) rock group...
is it ok to use another bands name?

topper · #2 10-20-2009, 03:05 PM

I don't think it would be humanly possible to come up with a completely original band name. Depending on how big you get and how big your namesakes are, you may have to worry about trademark issues, but that's really not very likely.

idoru · #3 10-20-2009, 03:07 PM

No. Whoever used the name first has rights to it, and can take legal action against those who use it later. [Edit] Regardless of the scale of operations, it's still not a great idea. If the rock band is local to you, imagine if you get their fans turning up to your show - I'd expect contact from the other band shortly after.

There's been a few cases, but one I know best is Aussie band 'Full Scale', who had a deal over in the US but got shut down by a record label with the same name.

c-

Stanley Design · #4 10-20-2009, 03:13 PM

Use it, you two will probably never cross paths or even care if you do.

What's the name anywho?

crijan · #5 10-20-2009, 03:21 PM

The rights to the name only exist if you are the first to use that name in a particular market. The reason for wanting to have a unique name is that if you ever end up in the same market as another band who was using that name there first, you will not be able to use the name there.

If you are planning on staying local and the other band is far away from you, don't worry about it. Otherwise, find your own name or make a name based off theirs that is unique.

MatticusMania · #6 10-20-2009, 03:26 PM

My girlfriends band is called What? Theyve used the name for about 3 years or so. Recently they found out there are a lot of bands using the name What? so they changed it, slightly, to something no other band is using... What?!

fishsticks · #7 10-21-2009, 07:23 AM

in my defense i didn't know it was another band's name when i "came up with it"... damn google!

option 1: more monkey than man
option 2: terror bird

need4mospd · #8 10-21-2009, 08:17 AM

Can you get a myspace that is myspace.com/yourbandname? Is yourbandname.com taken?

I guess it's OK if you do yourbandnameband.com or yourbandnamemusic.com, but it can make it just one step harder for fans to find your music online.

need4mospd · #9 10-21-2009, 08:28 AM

Quote:

Originally Posted by topper

I don't think it would be humanly possible to come up with a completely original band name.

Are you kidding? I could come up with 1000's of names that aren't taken. And before you say all the good ones are taken, think of some current top 40 band names that sell tons of records.... Black Eyed Peas, Kings of Leon, Lady Gaga, Cobra Starship, etc... is there really anything outstanding about any of those names? Yet they're all completely original.

My band is in the naming phase now, and we've got about 10 names that aren't used by any other bands now. All of them have available myspace pages and domain names. And they're all original and catchy.

Febs · #10 10-21-2009, 08:48 AM

Quote:

Originally Posted by fishsticks

There are two names that i really like for my new bass and drum grind project that are being used by other bands... one of which is a indypop group in canada and the other is a local( but not my area) rock group...
is it ok to use another bands name?

Bad idea. As others have noted, you may be subject to a claim of trademark infringement. If the other band can establish that they used the name in trade in the same market before you, you may be liable for trademark infringement. Moreover, you run the risk of losing any goodwill you have build up with that name, as well as any investment that you've made in merchandise with that name.

Even if a trademark infringement claim is ultimately unsuccessful, it can be difficult and expensive to defend.

Don't listen to those who say "don't worry about it." My brother's band once faced this exact issue. They picked a name that was used by a band in California. Though they later did some touring, at that point in time, my brother's band played exclusively in the Philadelphia area. The California band nevertheless issued a cease-and-desist letter to my brother's band. They decided it was easier and cheaper to change the name than to defend a trademark infringement claim, even though it meant that much of their merchandise had to be reprinted.

Rocker949 · #11 10-21-2009, 12:41 PM

I'd go for something original.

mcapote · #12 10-21-2009, 12:46 PM

I would go for something original myself. I mean if you are questioning it you might as well move on to another name because you already have reservations.

Jeb · #13 10-21-2009, 08:05 PM

If I wanted to find your band on a google search or something, how easy would it be for me to find you and not something else?

ChrisB2 · #14 10-22-2009, 04:20 AM

Go original. As was mentioned, it's not hard.

No offense, but IMO you can come up with an infinite number of names better than the ones you want to copy.

rob4001va · #15 10-22-2009, 04:45 AM

Quote:

Originally Posted by need4mospd

My band is in the naming phase now, and we've got about 10 names that aren't used by any other bands now. All of them have available myspace pages and domain names. And they're all original and catchy.

want to share?

we just went through this, started with 100+ names, worked it down to 6 leading candidates, then 1...only to find out it's taken by a recording artist. As we are (harumph) 40-something part-timers, local players only, and playing a different style, we're not TOO concerned. Yet there are some in the band who think we must now change because we discovered the name we spent months searching for is not unique.

I'd almost rather be forced to play [least fav genre] than choose a band name...

gruda · #16 10-22-2009, 08:46 PM

My band NFi was already a band I guess the guitarist cheated, we actually use same logo

0--+LoveBass · #17 10-22-2009, 08:50 PM

This actually happened in my town the local band was sued by the band in the middle of nowhere. Be creative make up your own

6pack Jon · #18 10-22-2009, 09:09 PM

Look what happened to the hardcore band American Nightmare.

desertsolace · #19 10-22-2009, 09:21 PM

example being Bush. In Canada, as there was another band named Bush there from years ago, they had to be referred to as Bush X. I guess if you get big enough there's always things you can do, but to be honest with your growing market where the original name was used you have to be way larger than the other band of the same name or change your name entirely. Too much of a hassle methinks.

M0ses · #20 10-22-2009, 09:26 PM

Quote:

Originally Posted by need4mospd

Are you kidding? I could come up with 1000's of names that aren't taken. And before you say all the good ones are taken, think of some current top 40 band names that sell tons of records.... Black Eyed Peas, Kings of Leon, Lady Gaga, Cobra Starship, etc... is there really anything outstanding about any of those names? Yet they're all completely original.

I disagree. No one else is using those names (anymore) because they're famous. I'm sure before THE Black Eyed Peas made it big, there were a lot more groups with names similar or identical to that. There are around 75 bands with my band's name on Facebook. And that's after we went through somewhere around 50 or so (LITERALLY!) names that we liked but found to be already in use. We finally just gave up. The biggest band we could find with the same name was a cover band in Sweden or something.....so whatever. If you make it big, then everyone else will stop using the name. If no one big is using it, it's pretty much fair game.

Unfortunately, everyone's favorite name, "Special Ed and the Gifted Children", while it is definitely not taken, just really isn't well received by people who can book you.....