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BAnd Name

Batsquatch

Batsquatch

Feb 20, 2016
378
409
53
#1
we had to let go of a bandmate because he simply wasn’t getting our songs down. Instead of practicing our songs he spent more time working on logos and shirts etc. when he joined, he had the idea to change the band name. We thought it was s good idea and went with it. Now he’s gone and doesn’t want us to continue to use the name. What could he really do?
 
#2
Most probably nothing. But I’d change the name if it was his sole creation, cause it’s probably good karma. Plus, he will probably be a pain in the _ until you change it. And you don’t really want to continue the legacy of an ex band member anyhow.

If he didn’t make up the name completely himself, and you all contributed, he can sod off and has no legal or moral recourse.

Could you switch back to the old name before the fired member? How established as a band are you with the existing name?

Also, could you change the band name to Batscquatch? :cool:

Or change to Switchback, as a tribute to your Douchy ex band member. But then I want compensation for the idea. I accept payment in the form of high fives, kudos, and on special occasions freshly baked pastries. (Not those kind :roflmao:)
 
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#3
Lol you got it

BassAndReeds said:
Most probably nothing. But I’d change the name if it was his sole creation, cause it’s probably good karma. Plus, he will probably be a pain in the _ until you change it. And you don’t really want to continue the legacy of an ex band member anyhow.

If he didn’t make up the name completely himself, and you all contributed, he can sod off and has no legal or moral recourse.

Could you switch back to the old name before the fired member? How established as a band are you with the existing name?

Also, could you change the band name to Batscquatch? :cool:

Or change to Switchback, as a tribute to your Douchy ex band member. But then I want compensation for the idea. I accept payment in the form of high fives, kudos, and on special occasions freshly baked pastries. (Not those kind :roflmao:)
Click to expand...
 
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#6
if he spent time creating (and publishing...FB, internet, etc.) logos and designs using that particular name = he may already have copyright law on his side.

just change the name of your band. start a poll here. we'll all help by telling you what we think. we'll get into heated, insulting repartee and the thread will be shut down. it'll be a gas! :laugh:
 
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#8
He can't do anything, even if he had the money to pay for lawyers and was foolish enough to spend on that. This is not a matter of copyright, it's a matter of trademark; the name the band does business under is its trademark. Is the band even doing "business?" Any money being made? If not, it's not even that.

Trademark protection is about your right to do business under a name or with a brand. For instance, if you went into the baking business calling your bakery "Sarah Li" you'd probably be hearing from the lawyers for Sara Lee, or if you marketed a golden sponge cake with cream filling and called it "Twinkles" you'd probably be hearing from the Twinkies people. The law prevents you being able to make money by piggybacking off someone else's name recognition and hard-earned reputation and marketing.

So this guy only has cause for a complaint against you guys using the band name he came up with if he were to go and start another band and play under the same name. Even then, in the purely hypothetical situation that this were to go to court, the judge would probably ask which group used the name to do business under first and most consistently. It wouldn't matter who thought of it first; could have been someone's Aunt Tilly. That doesn't make Aunt Tilly the owner of the band name, unless she's doing business playing and selling music under that name. The name is not a product or service that can be sold; it's an indicator of who someone is doing business with.

So, bottom line - no, he has no right to anything and can't do anything about it. Of course, like @Basstards said, you may just feel it's good karma (and will help get the jerk out of your hair) to change your name. All band names are stupid anyway - until the band starts to catch on.
 
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#10
JRA said:
if he spent time creating (and publishing...FB, internet, etc.) logos and designs using that particular name = he may already have copyright law on his side.

just change the name of your band. start a poll here. we'll all help by telling you what we think. we'll get into heated, insulting repartee and the thread will be shut down. it'll be a gas! :laugh:
Click to expand...
Hey, now! Gas is an entirely different conversation. LOL
 
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#11
If he did not trademark the name he has no legal right to own it. Currently your band would have some implied rights to the name based on the amount of time you have used it and the "goodwill" associated with the name but if you did not trademark the name you don't own it either.

I went through this with a band where we fired the drummer due to his drug use which had made him unreliable as a musician. He was a founding member of the band and sued us claiming he owned the name and thus all rights to it. Unfortunately for him a trademark search turned up fifty pages of businesses with a similar name, none owned by him. Our lawyer advised us to let the drummer have the name (but none of the money he claimed we owed him in damages) select a new unique name, do a trademark search for it, and if no one had registered it do so ourselves so that we would never be in the same situation again. We were also advised to set up a legal business. This little escapade cost us $5,000 in legal fees, we never had to go to court because the drummer's lawyer wisely advised him to settle out of court.

If your ex-bandmate created the logo, associated artwork and merchandise then he would own the copyright for those designs by default unless you contracted with him and paid him to create those items exclusively for the band with the understanding that all artwork would be owned by the band, not him. To protect yourselves going forward you would need that in writing. If he did the work as a band member and not "for hire" you should cease using the logo or selling any merch with his designs unless you work out a deal where he gets paid either for the designs outright or royalties on merchandise sold if he is not willing to sell the rights to the artwork. The logo is tricky because even if you do not use it on merchandise it is being used to generate "good will" for the band. If you don't do anything and the band is lucky enough to be successful he could come back later with a claim against you at a time when it would be much more difficult and costly to change the band's name and eat the cost of any existing merchandise utilizing his designs.
 
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#12
I write numerous letters for my clients, telling other lawyers to perform anatomically improbable acts of self-gratification, because their (trademark, patent, tort) claim is baseless, and if they fail to do as I suggest, I will gladly do it for them. Mostly they do as I suggest.

Those letters cost my clients thousands of dollars each.

If you want a detailed opinion of your options in this situation, send me a check and we can talk. If you want to avoid sending me a check, change the name.
 
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#13
hrodbert696 said:
He can't do anything, even if he had the money to pay for lawyers and was foolish enough to spend on that. This is not a matter of copyright, it's a matter of trademark; the name the band does business under is its trademark. Is the band even doing "business?" Any money being made? If not, it's not even that.

Trademark protection is about your right to do business under a name or with a brand. For instance, if you went into the baking business calling your bakery "Sarah Li" you'd probably be hearing from the lawyers for Sara Lee, or if you marketed a golden sponge cake with cream filling and called it "Twinkles" you'd probably be hearing from the Twinkies people. The law prevents you being able to make money by piggybacking off someone else's name recognition and hard-earned reputation and marketing.

So this guy only has cause for a complaint against you guys using the band name he came up with if he were to go and start another band and play under the same name. Even then, in the purely hypothetical situation that this were to go to court, the judge would probably ask which group used the name to do business under first and most consistently. It wouldn't matter who thought of it first; could have been someone's Aunt Tilly. That doesn't make Aunt Tilly the owner of the band name, unless she's doing business playing and selling music under that name. The name is not a product or service that can be sold; it's an indicator of who someone is doing business with.

So, bottom line - no, he has no right to anything and can't do anything about it. Of course, like @Basstards said, you may just feel it's good karma (and will help get the jerk out of your hair) to change your name. All band names are stupid anyway - until the band starts to catch on.
Click to expand...
I cast a vote for “Aunt Tilly” as your new band name.
 
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#18
JRA said:
if he spent time creating (and publishing...FB, internet, etc.) logos and designs using that particular name = he may already have copyright law on his side.

just change the name of your band. start a poll here. we'll all help by telling you what we think. we'll get into heated, insulting repartee and the thread will be shut down. it'll be a ! gas! :laugh:
Click to expand...
Lmao! GOOD ONE!!
 
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