BAnd Name

[ZAR14]

He can copyright the name which would cause you problems down the road. How long have you had the new name, do you have much exposure under the new name? If not and He was the sole individual to come up with the name, I'd change it to avoid any problems...
P.S. I left a band project that I put together and also came up with the name. The band continued on and went through two other Bass players until they decided on their current one.
They've played out once under the name I came up with but I'm thinking of putting a copyright on the name....

 

[klejst]

The best band name ever....BAND NAME

 

[BassUrges]

Would that every attorney were as forthcoming as you sir.

It’s why I make no money.

(But to be forthcoming: most of the legal advice in threads like these is either dead wrong or mostly wrong. There are exceptions, though: you get to guess which ones!)

 

[QORC]

copyrights take time and cost money. pursuing a civil case takes time and money. He's probably pissed off, but unless he is really vindictive and has serious dough, I doubt he'd go that route. and if he did, it literally could be years down the road. chances are your band doesn't even exist then. I seriously wouldn't worry about it

 

[edencab]

phonetically spell the band name, or change F's to Ph's

....add an E as as in Olde Shoppe

...switch C's to K's (a la Monty Python)

 

[QORC]

I guess it's a trademark, not a copyright. but you get the point. unless you are famous, on the verge of famous (almost everyone thinks they are, but few ever are), I seriously think this a big to do about nothing.

if you're that worried, start the trademark process. you'll need some legal help

 

[Brent Arrowitz]

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?

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 )

I was gonna suggest using Batsquatch too...If you don't I might haha

 

[ZAR14]

copyrights take time and cost money. pursuing a civil case takes time and money. He's probably pissed off, but unless he is really vindictive and has serious dough, I doubt he'd go that route. and if he did, it literally could be years down the road. chances are your band doesn't even exist then. I seriously wouldn't worry about it

Back in the day (early 90s) I put a copyright on a band name I came up with, it cost me about $50. I did some research recently and I believe it's around $100 now...

 

[hrodbert696]

phonetically spell the band name, or change F's to Ph's

....add an E as as in Olde Shoppe

...switch C's to K's (a la Monty Python)

If there were an actual trademark violation at stake, that wouldn't help. Like I posted earlier, starting a bakery called Sarah Li would still get you in trouble with the Sara Lee people. There's room for spoofs and parodies of publicly-known names, but that wouldn't apply to the OP.

 

[BassAndReeds]

If there were an actual trademark violation at stake, that wouldn't help. Like I posted earlier, starting a bakery called Sarah Li would still get you in trouble with the Sara Lee people. There's room for spoofs and parodies of publicly-known names, but that wouldn't apply to the OP.

Do you think the name “Sarah Li” would get someone in trouble, if they used it as a band name? (Instead of a Bakery. So trademarks across businesses is what I’m getting at)

(Not that I’m changing my name or anything)

 

[hrodbert696]

Do you think the name “Sarah Li” would get someone in trouble, if they used it as a band name? (Instead of a Bakery. So trademarks across businesses is what I’m getting at)

(Not that I’m changing my name or anything)

Probably not. This would be something for lawyers to weigh in on, but my understanding is that the underlying logic of trademark law is that you can't "steal" someone's business by giving customers the impression that they're dealing with/buying from the other business. So a Sara Lee Band would probably be OK, but I'm not sure.

 

[hrodbert696]

It’s why I make no money.

(But to be forthcoming: most of the legal advice in threads like these is either dead wrong or mostly wrong. There are exceptions, though: you get to guess which ones!)

I'm not a lawyer; my dad was and I did some studying into fundamental information towards paralegal work at one point. So I try not to be utterly uninformed, and have learned some things, but I wouldn't pretend that anything I'm posting is solid legal advice.

 

[SmokinJoe992]

IMO there is way too much energy, aggravation and hurt feelings caused by band names. Pink Floyd is a stupid band name in and of itself. It was the actual band that made it iconic. Who would be pumped to be in a band named the Beatles if it wasn't for the actual Beatles making it legendary. More time and energy should be put into the music and the show than worrying about the band name.
I agree that there is nothing this former member could do about it if you continue to use the name, but I do not think it is the right thing to do. I would either change the name or at least ask the former member for permission to keep using it.

 

[DirtDog]

Ok, if that's the case then just change the word I used " copyrite" to who ever "trademarkets" the name first owns it! Cool ? cool..

Cool. Are you available for further consultation on trademarkets? I feel like I'm missing the boat on that one.

 

[Luciferiad]

There was a band with a real egotist singer named Faith so the band fired him and dropped his band name. And that is how the band Faith became FAITH NO MORE.

Antille No More ?

The accuracy of the story regarding Faith No More notwithstanding, I think "Antille No More" is a great name lol

Seriously though, this has actually made me think. I didn't name the band, but I did commission the artwork (legitimately PAID for it myself from a talented artist friend) and directed much of the design. I chose the album cover layout, the color schemes. We have a mascot we call "grizzly biker dude" that my friend designed.

I don't expect my band to dismiss me. And if I chose to leave, it would be because I thought that was best for the group, because in all honesty that's how my regard I have for this project, and if that were the case I would certainly not object to continued use of the art design But considering I took most of the creative direction during the design process, how would that affect ownership of the property?

I'm just thinking out loud here lol. That happens a lot.

 

[Luciferiad]

The best band name ever....BAND NAME

I beg to differ. It's the $#!++y Beetles. Because it's not just a clever band name

 

[DirtDog]

Fact Check: The singers name was not Faith .Faith No More - Wikipedia

Looks like "Faith" was the entire band before "Faith No More". Also interesting that Courtney Love was in that band at one point.

 

[madbass6]

Cool. Are you available for further consultation on trademarkets? I feel like I'm missing the boat on that one.

you feel like your missing the boat? lol.
Hey Just Figure it out apperently your an expert/ genious here on those topics. Please educate the rest of us or just me. Thanks in advanced. Titanic

 

[DirtDog]

you feel like your missing the boat? lol.
Hey Just Figure it out apperently your an expert/ genious here on those topics. Please educate the rest of us or just me. Thanks in advanced. Titanic

Nope - I'm not a genius. I know just enough to not give advice on topics I know nothing about.

 

[dragon68]

Do you think the name “Sarah Li” would get someone in trouble, if they used it as a band name? (Instead of a Bakery. So trademarks across businesses is what I’m getting at)

(Not that I’m changing my name or anything)

That is how I understand it.

Just Monday night, Eddie Trunk was doing an interview with a member of Little Caesar (the band). Eddie asked if the band ran into trouble with the pizza place. At the time, Little Caesar (the band) was in L.A. Little Caesar's (the pizza place) didn't have any locations in California, so the band was none the wiser. They didn't realize the issue until 9 days before Geffen Records was ready to release Little Caesar's (the band) album.

tl;dr - Little Caesar (the band) has no legal issue with Little Caesar's (the pizza place) because they are in different industries.