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Band name question.

I know this will sound lame but a folk roots group I am in is looking for a name. And it looks like the one I came up with has been used before. (What hasent) anyway it was a local group that never got anywhere and they used it in a different context.

For example they where Joe blow and the fab 4. Were I would like to just use. The fab 4.

The real name not the example has not come up on any facebook searchs. And google only brought up his old band from 2010. Looks like he is solo now.

So what do you think? Use it? If we trademark it does he still have rights to it?
 
"You can call it Yo Momma if you want to."

OK, so that was a suggestion for a song name, but it still conveys my thoughts on band names.

Name it what you want as long as you are not stepping on any local toes. You don't want 2 bands with the same name overlapping each others territory but outside of that who gives a s&!t what you call the band?

IMO people put way too much weight on band names, thinking the name should reflect the bands core philosophy or some other such nonsense. Seriously though, who really cares what the name is? Sure, you may become famous and your band name could become known in every household in America, but the odds of that happening are so long it's laughable to worry about it up front any longer than it takes to draw a name out of a hat or flip a coin or whatever, to decide what to call your group. Not to mention you can always change it before you release your first major label project. Of course you must first land that major label before you need worry overmuch about what America will think of your chosen handle.

I've watched bands break up over naming so these days I make it clear up front I am not a band namer and have no interest in participating in the process. Just send me a memo telling me what name was decided on and I'm GTG.