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Band name copyright/trademark

M

Mooch

Jan 1, 2009
523
2
MN
www.facebook.com
#1
Hey all, so after 4 years all of a sudden some new "band" in the same town even has taken our band name "spacemanIam" and named their band "spaceman, I am". Is there anything we can do to get them to change it besides firebombing their homes? Any info on trademark/ copyright stuff would help. From whay I gather copyright have nothing to do with names, and trademark language confues the hell out of me.

And go!!! Thanks!
 
#5
I'm not an expert by any means, but I think one of the very first things that is required to establish a trademark is to show that you've been using it. So, I think that if you have been booking gigs under that name for 4 years, your "squatters rights" may actually have some legal status.

But as the others have said, I think the first step is just to contact them and say "Hi, you may not know this, but we're already using that name, can you please choose another name for your band?"
 
#6
fenderhutz said:
Have you contacted them and pointed it out? A simple "Hey, you might not have known this, but we have had that name for years." Might work.
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I would start here.

Mooch said:
Well yes that obviously has been thought of but I know how people can be and I'd like to know if they come back with "so what" I can present some legal based information to them as well. In case its an issue
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I could be mistaken, but I think if you can prove youve been using that name in your area before they began using it you should have precedent.

Jim Nazium said:
I'm not an expert by any means, but I think one of the very first things that is required to establish a trademark is to show that you've been using it. So, I think that if you have been booking gigs under that name for 4 years, your "squatters rights" may actually have some legal status.

But as the others have said, I think the first step is just to contact them and say "Hi, you may not know this, but we're already using that name, can you please choose another name for your band?"
Click to expand...

+1
 
#7
Do you make enough from your band to pay for a legal battle over the name?

if the answer is no and you don't want to spend day job money over a non money making situation, I'd say try the "hey are you aware" approach and if that fails just show up at all their gigs, drag them off stage and beat them bloody until they get tired of having their ass whipped and change their band name.

Seriously though, outside of a bunch of (expensive) legal crap, there is not much you can do if they turn out to be A-holes.
 
#9
I went through this years ago, but I doubt anything has changed. You can only get as much justice as you can afford and they can reimburse you for. We hired a lawyer, they wouldn't even acknowledge his correspondence or calls.

The bottom line is that if you don't have money and they don't have money, there's probably nothing you can do.
 
#12
MatticusMania said:
Show up at their shows and tell the booker, "yes, I am the bassist for spaceman I am. I was told by our bandleader to come collect our payment up front."
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Hard to argue with this thinking at all! You should contact them with a certified letter letting them know that you have the rights to the name in this area and that they are infringing on your trademark. 9 times out of 10, they will make some kind of move, because they don't want any legal hassle. In other words try to BS them. I mean seriously two bands both thought the same name was the shot? And with a name like SpacemanIAm? Come on, they knew who you were and they are using the name to help them get a leg up using your years of hard work. They blatantly stole your name to capitalize on your back.

Of course if they are getting better gigs that they are, you can always start calling the clubs they play up and telling them that you are now handling the booking and that there have been a couple line up changes but you want to set up the next six months bookings...and friggin' just steal the gig. Or tell the club owner that you are in a legal process against that band for trademark infringement and that he needs to not advertise that band with that name as it could lead to being called into court to testify as to why they ignored your request and advertised this other band using their name after he was informed not to. That would be a good way to let the other band know you are serious about them not using your name, since the club owner will surely contact that band to ask ***? I really suggest finding an attorney though and paying him a few hundred bucks to send a certified letter to this other band. And he can also probably help you with trademark registration as well.

It's always worth spending a few bucks to stick it to some knobs trying to take advantage of your work when you are in the right. You just have to be able to make sure they haven't already trademarked your "brand".
 
#14
Keithwah said:
I mean seriously two bands both thought the same name was the shot? And with a name like SpacemanIAm? Come on, they knew who you were and they are using the name to help them get a leg up using your years of hard work. They blatantly stole your name to capitalize on your back.
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I cant help but feel this is the case.
I mean, sure, its more than possible that one group of people could come up with the same name as another group of people, even more so if its a reference to something else (I dont know this reference if it is one). But the name SpaceMan I Am seems unique enough that I think this other group is trying to steal the OPs rep. Still, I would try contacting the band first and let them know the name has been in use in the area for years.
 
#15
MatticusMania said:
I cant help but feel this is the case.
I mean, sure, its more than possible that one group of people could come up with the same name as another group of people, even more so if its a reference to something else (I dont know this reference if it is one). But the name SpaceMan I Am seems unique enough that I think this other group is trying to steal the OPs rep. Still, I would try contacting the band first and let them know the name has been in use in the area for years.
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Agreed. It's pretty unique.

I'd also send emails to any venues you play just to let them know the situation. You don't want the other band stealing your gigs.
 
#16
We've had bad experiences with the same situation. were a hard rock band based out of Fayetteville, NC and have been using the name "Nephilym" for over 15 years. We have built one of the best followings in the area. Now there's an thrash metal band in Charlotte going by "Nephilim". Charlotte is about 2 hours away from here if your not afraid to drive a little over the speed limit. Our problem is that band has a bad reputation in other major cities. We've been having a lot of trouble getting shows in Raleigh because of them. Evidentially they've taunted the crowd, even gotten into fights at clubs. We've been trying to get back into Playing shows in Raleigh and are being mistaken for them by club owners. Not only have our fans contacted them but we've also tried to talk to them via email. They say we suck and we play "weak" stuff and we should change our name. we've been a band since these kids were in kindergarten.
 
#17
The key question though is are you actually an established band? It's irrelevant how long you've been together as an act. Are you playing regular shows? Are you known? Do you have a regular set of venues and an actually quantifiable following?

If you're not well established in your area you don't really have a leg to stand on because your band name is just a thing that you picked and doesn't have any tangible value.

There was a fairly established act in the US who have our name. They've made a record but they're not active. We completely ignore them. We're established here and they're established nowhere anymore. Who cares if they already made a disc under that particular name. The world is a really big pond and I bet there are a hundred bands with our name in the pond, but we're the biggest fish now with this band name and that means we're the one who gets to use it.

Are you the biggest fish?
 
#19
You should probably read this:

http://www.alankorn.com/articles/band_trademark.html


If the other band is smart, and sneaky, your threat will make them register their name as a trademark. You will then be fighting the uphill battle to prove that they should not have been granted trademark protection. I'd see if any of you know someone who can get the trademark registered at the State level for cheap. You might not even need an attorney - probably depends on the State you're in.

You have rights without registering your name, but having it registered makes it a lot more cut and dry.
 
#20
Anyone can file a trademark and it costs $325 to do so - go online to http://www.uspto.gov/

You kind of have to put on your "Jr attorney" hat (I file the trademarks for the brand names my company uses) but if you take your time & read through everything carefully, you don't need an attorney. In fact, attorneys are assigned to review these and one will contact you with any changes that need to be made. It takes at least 3 months to hear from anyone.
 

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