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03-28-2009, 07:54 PM
| | Registered User | | Join Date: Feb 2007 Location: Tyneside, UK | | | What's the most definitive way of checking that your band name is original?
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Other than checking MySpace and the like? Is there a site I could use?
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Mediocre Bassist Club #706 P&W Club #71 LGBT #26 Keyboardist #40 Quote:
Originally Posted by LowDown Hal Bass Players - Do It Deep | | 
03-28-2009, 07:57 PM
| | | | google. | 
03-28-2009, 08:14 PM
| | Registered User | | Join Date: Feb 2007 Location: Tyneside, UK | | Quote:
Originally Posted by ryanrex google. | That would take too long and could drag up loads of crap that I don't need.
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Mediocre Bassist Club #706 P&W Club #71 LGBT #26 Keyboardist #40 Quote:
Originally Posted by LowDown Hal Bass Players - Do It Deep | | 
03-28-2009, 09:03 PM
| | Registered User | | Join Date: Mar 2006 Location: Memphis | | Do a domain search on a site like Go Daddy
You can buy a site domain name for about $20 and then you own the name on the net owning the internet name is a good way to have name rights as it has become, if not a legal atleast a defacto standard. once you have that check the other stuff like Myspace etc:  ... That's how I have done it several times | 
03-28-2009, 09:10 PM
| | Registered User | | Join Date: Feb 2007 Location: Tyneside, UK | | Quote:
Originally Posted by Kenny Allyn Do a domain search on a site like Go Daddy
You can buy a site domain name for about $20 and then you own the name on the net owning the internet name is a good way to have name rights as it has become, if not a legal atleast a defacto standard. once you have that check the other stuff like Myspace etc:  ... That's how I have done it several times | Ah, that's more like it! Thanks!
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Mediocre Bassist Club #706 P&W Club #71 LGBT #26 Keyboardist #40 Quote:
Originally Posted by LowDown Hal Bass Players - Do It Deep | | 
03-28-2009, 09:11 PM
|  | two headed puppy's are better than no puppy | | Join Date: Dec 2005 Location: Pueblo, CO | | | Create one, become semi famous, and get sued.
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03-28-2009, 09:20 PM
| | Registered User | | Join Date: Dec 2007 Location: New Westminster, BC | | Quote:
Originally Posted by joeinsprings Create one, become semi famous, and get sued. | Lol!
... then add "Jr." to the end of your band name (true story with the band previously known as Dinosaur)
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03-28-2009, 11:10 PM
|  | Registered User | | Join Date: Jun 2008 Location: San Francisco Bay Area | | | The most definitive way to determine whether a band name (or any other trademark, for that matter) can be used without fear of infringement is to hire a trademark attorney to do a trademark clearance search. Very few bands do that because it's not cheap, but you asked for the most definitive way. Getting a domain name doesn't really mean much from a trademark point of view. | 
03-28-2009, 11:25 PM
|  | Registered User Maker of HPF-Pre upright bass preamp | | Join Date: Mar 2004 Location: Madison WI | | Quote:
Originally Posted by Fassa Albrecht That would take too long and could drag up loads of crap that I don't need. | Choose a band name that generates relatively few hits on Google. For instance, "Glom Spectacle" generated no hits. | 
03-28-2009, 11:30 PM
|  | D. Snutz | | Join Date: Jul 2002 Location: Minneapolis/St. Paul, MN | | | So, let me get this straight. You won't do a google search, because it will waste too much time and there will be too much stuff to wade through, but you're willing to ask here, knowing that you're going to get flamed by your fan club on TB and might have to wade through a lot of fluff responses before getting to a serious one?
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03-28-2009, 11:34 PM
| | Registered User | | Join Date: Aug 2007 Location: sin city baby... | | Quote:
Originally Posted by Top_Ten The most definitive way to determine whether a band name (or any other trademark, for that matter) can be used without fear of infringement is to hire a trademark attorney to do a trademark clearance search. Very few bands do that because it's not cheap, but you asked for the most definitive way. Getting a domain name doesn't really mean much from a trademark point of view. | +1
I don't think buying a "domain name" guarantees anything
there could be an existing band (with success) who never got a dot com..
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03-29-2009, 01:38 AM
|  | Relic'd by life™ | | Join Date: Feb 2008 Location: Los Angeles CA SoCal | | | Getting and internet domain does nothing for you. If an established band has used that name then they can sue you for it. When the internet first started, many established companies were slow to get a domain name for their long established, trademarked name.
The domain owners (called squatters) eventually were sued and they lost. Can't own CocaCola.com just because you were there first.
Also, if you're in a hurry, you'll probably miss out on some information sources. Tracing a name to definitively know that it's up for grabs is what lawyers get paid to do. Doing a 5 minutes search or registering it with GoDaddy.com is not definitive.
If you're looking for world wide rights, that's another matter. In the U.S., the Trademark/Copyright office has a searchable website. That still doesn't mean some local band hasn't been using the same name for years.
If you do a Google search, put quotes around the name to eliminate unwanted hits.
Good luck. | 
03-29-2009, 04:52 AM
| | Registered User | | Join Date: Mar 2006 Location: Memphis | | NO doing a domain search is not the end all but it's a a very good quick start way to cut to the chase as they say.
Maybe years ago companies and such were slow on the up take on picking up domains ... not now it's one of the first things you do. A band name, considering all the strange ones out there can get pretty unique too. Doing a Google search first is kind of a given because your prospective name will most likely show up somewhere if it's out there.
For example lets take the name "Monkey Juice" a quick Google brings that name up in several places, a domain search also says it's taken yet I know a band using it. Now personally after doing those two quick searches I wouldn't touch that name, but I doubt the Monkey Juice band in Olive Branch Mississippi has much to worry about, but lets say they decided to be safe they wanted to change their name.
So they decide on "Space Monkey Joe" as a new name both a Google and a domain check show nothing, so they buy the name and get a Myspace and go on.  ... In the real world "Space Monkey Joe" is probably a safe bet, then TM it if you want the whole legal route. | 
03-29-2009, 05:07 AM
| | | | allmusic.com? | 
03-29-2009, 11:05 AM
| | Registered User | | Join Date: Jan 2009 Location: Sun City, Ca, United States | | Here's the U.S. Patent and Trademarks Office's search function at their website. It's a basic search, isn't gonna go into major detail. But you can put in your band name and see if anyone else has a trademark for that name for use as a band. http://tess2.uspto.gov/bin/gate.exe?...008:10d32a.1.1 | 
03-29-2009, 11:26 AM
| | Registered User | | Join Date: May 2000 Location: Canada! | | | Usually I try google, myspace, and a couple of music sites. You can google the name or name+band, name+rock, name+shows etc. in order to narrow it down. If nothing comes up I figure it's good to go.
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03-29-2009, 03:20 PM
| | | | Googling won't take that long. If a band's website/myspace doesn't pop up on the first couple pages, there either probably isn't one, or the band is too insignificant for it to matter if you share their name. | 
03-29-2009, 07:43 PM
| | Registered User | | Join Date: Feb 2007 Location: Tyneside, UK | | Quote:
Originally Posted by fdeck Choose a band name that generates relatively few hits on Google. For instance, "Glom Spectacle" generated no hits. | This is something I've actually been doing to try and create some bandnames. Quote:
Originally Posted by Bass Mule So, let me get this straight. You won't do a google search, because it will waste too much time and there will be too much stuff to wade through, but you're willing to ask here, knowing that you're going to get flamed by your fan club on TB and might have to wade through a lot of fluff responses before getting to a serious one? | The problem with Google and most search engines is that for a multi-word search it searches for each word seperately and so you get a LOT of useless information.
I was searching for Def Leppard drum tab a few hours back and it was coming up with tab for all instruments, despite me specifyling DRUM tab.
Anyway, to the other guys, thank you. This is exactly what I wanted.
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Mediocre Bassist Club #706 P&W Club #71 LGBT #26 Keyboardist #40 Quote:
Originally Posted by LowDown Hal Bass Players - Do It Deep | | 
03-29-2009, 07:49 PM
|  | Registered User Maker of HPF-Pre upright bass preamp | | Join Date: Mar 2004 Location: Madison WI | | Quote:
Originally Posted by Fassa Albrecht This is something I've actually been doing to try and create some bandnames.
The problem with Google and most search engines is that for a multi-word search it searches for each word seperately and so you get a LOT of useless information.
I was searching for Def Leppard drum tab a few hours back and it was coming up with tab for all instruments, despite me specifyling DRUM tab.
Anyway, to the other guys, thank you. This is exactly what I wanted. | Put the multi-word phrase in double quotes, and it will look for an exact match. That's what I did with "Glom Spectacle." Try it with and without the quotes, and you'll see what I mean. | 
03-29-2009, 07:53 PM
| | Registered User | | Join Date: Oct 2007 Location: madison, wi | | | +1 on allmusicguide.com. if a band has made an official release, they're on there 99% of the time. this won't help you with an 'up-and-coming' band in peoria tho
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