Band Larceny (Logo Theft)

[Pocket Dave]

Unless the other band is playing the same area you are, and there serious money involved, it's not worth it. A cease and desist letter from someone other than an attorney won't do anything (if you won't hire an attorney to write the letter, you won't hire an attorney to take legal action, and they will know it).

Even a cease-and-desist letter from an attorney has little weight if disregarded. The cost of litigating actual intellectual property action is exponentially higher than any potential return.

Still, the letter has two values:

1. To support defendant awareness of potential wrong-doing when determining damages/civil fines at the conclusion of successful litigation
2. When used as intimidation - though ignoring a cease-and-desist isn't like ignoring a subpoena or court order - it carries no criminal or civil penalties.

 

[buldog5151bass]

Again, if you intend to sue, get an attorney to write the letter. If you don't, don't waste the time and energy.

 

[H Nighttrain]

Dear Xxxxx and the Xxxxxxs, we are humbled and flattered that you not only have been using the same name as our band, but have also used our branding and logo to promote your band! And not just some re-worked copy of our logo but an exact cut-and-paste version! We are, of course, somewhat surprised that you have stopped using our logo, but rest assured that if you start using it again we'll be glad to contact you once more, cheers!