• TalkBass has been independent since 1998. Add your voice.
    Create a free account to reply to discussions, view embedded media, and browse with fewer display ads.
    Join free Log in
    Want zero display ads or expanded classifieds tools? Compare plans.

being sued over band name

M

Mr Grady

Feb 26, 2006
103
2
#1
hi guys
i just got an email from a band with exactly the same name as us.
basically, they say they have copyright on the name and have given us 30 days to stop using it, or we face legal action.
our first reaction is, stuff it!!!
we play in different parts of the UK, we play covers, it seems they play original material.
do they have any rights to the name?
btw, its "from the ashes", which if you google it, or look on youtube there are loads!
cheers
 
#2
Donno how it works in UK, but in the US, you can't copyright something like that - it's a trademark issue.
If you like to roll the dice, go ahead and let them sue over copyright and then let it get tossed out since they sued over the wrong thing.
(Meanwhile, go process your trademark registration !)

Their initial contact is cheap & easy if it works - i.e. - you agree to stop.
Next up would traditionally be a 'Cease & Desist' letter from an attorney (I understand you have different names for civil vs criminal attorneys over there - this is a civil action. Barrister?) which is an indication they're more serious about it, but it will cost them something. It pretty much amounts to a threat.

Actual legal action will cost them, and maybe you, if you choose to defend. You'd probably have to countersue for court costs in the event you prevail.

Do your research - what kind of resources do they have to pursue such a claim? Who started using it publicly first, and can you document that?
 
  • Like
Reactions: PortlandBass77, HolmeBass, todd burns and 2 others
#4
Who was using it first?

While it's not 'copyrightable' you may have squatters rights. Also, you're not being sued and most likely won't be. If I were them, I'd started by asking nicely and trying to work it out. I have been in this place in the past, with a band in Texas...we had a label, a release and some touring behind us as well as having used the name well before them. We discussed the matter and how it actually didn't work in their advantage and they agreed. Later on once our band broke up they either took the name or someone else grabbed it because I see someone's been using it recently.

The C&D letter is a scare tactic. Most often it works.
 
  • Like
Reactions: Downunderwonder
#5
Everyone above had good points especially about the length of usage.
And I wouldn't consider their letter to you a Cease and Desist until it came from an attorney. I'd wait for a real C&D from a lawyer before I take anything too serious.

But I would be nice in my response. If you don't plan to relinquish the name, be cool about it.

Our band had something, somewhat similar happen. We're FLAGG, and another band (also from San Diego) called Flaggs messaged us on our new Facebook page saying that the names were too similar and suggesting we rename.
They play poppy, Liz Phair meets Blink 182 type stuff, but we're very heavy, pseudo Stoner/Doom.

I just came up with a really friendly and nicely written letter saying that we just found out about them, the name was based on Randall Flagg from The Stand, and our music is so completely different that no one would mistake the bands with each other.
I also made it clear that we weren't going to change the name. But would love to meet them out and about in town.

It's a bit different than your situation since it wasn't an exact match. But whatever you do, try to be friendly about it. You never know when you might bump into these guys.
 
  • Like
Reactions: Roberto Nunez, rtav, Bquan and 1 other person
#8
The letter they sent you is not formal or legally binding. They are trying to accomplish what a proper Cease & Desist would do, except without paying money for a lawyer to make it official. My hunch is that it's a completely empty threat since they would have to sue over a trademark issue and not a copyright issue.

They're trying to bluff you out of your band name.

I would craft a straight forward response telling them that you were unaware of the overlap in names, and will require them to prove when they started using it before considering any changes on your end. Don't volunteer any dates of your own just yet, get them to establish their timeline first. In the meantime, go back and get whatever verifyable proof you can of when you started using your name, while at the same time going to the effort of trademarking it for yourself. If they haven't done this yet, and you do it first, you'll have greater rights to the name than they do. If they have done it, then the trademark office will let you know this also.

If after an exchange like this they decide to go to lawyer and get an official Cease and Desist order sent to you, that's when you can start taking this issue more seriously. They have to take this step before threatening to sue you, as you have to be given an opportunity to change it if a genuine error has been made.


*** EDIT *** upon further snooping, it would appear they have in fact established trademark rights to the name ***

Invalid Link Removed
.
 
Last edited:
  • Like
Reactions: design, Roberto Nunez, Omega Monkey and 13 others
#9
I dunno. Their lawyer looks pretty serious.

image.jpg
 
  • Like
Reactions: PortlandBass77, Mr.Ace, zontar and 5 others
#11
Mr Grady said:
hi guys
i just got an email from a band with exactly the same name as us.
basically, they say they have copyright on the name and have given us 30 days to stop using it, or we face legal action.
our first reaction is, stuff it!!!
we play in different parts of the UK, we play covers, it seems they play original material.
do they have any rights to the name?
btw, its "from the ashes", which if you google it, or look on youtube there are loads!
cheers
Click to expand...
Easy way out is to just change the spelling. I play in a band called "nephilym" a term with multiple spellings. There's a band called fields of the nephilim and band of kids that came along and complained about our name even though they started a decade or so after we did and they have since broken up. Our music is for sale on iTunes, Amazon and everything else and we've never faced legal action

Another good example of this is staind. Everyone knows the rock band staind, what most people don't realize is Lit a band who'd preceded staind, was originally called "stained" and they changed their name due to threats.
 
#12
Nephilymbass said:
Easy way out is to just change the spelling. I play in a band called "nephilym" a term with multiple spellings. There's a band called fields of the nephilim and band of kids that came along and complained about our name even though they started a decade or so after we did and they have since broken up. Our music is for sale on iTunes, Amazon and everything else and we've never faced legal action

Another good example of this is staind. Everyone knows the rock band staind, what most people don't realize is Lit a band who'd preceded staind, was originally called "stained" and they changed their name due to threats.
Click to expand...

Carl McCoy is totally going to kick your ass.

ee4a9f2905eaec043ff71aa645d0696d.jpg


Although the band without him has also gone by Nefilim and Rubicon for similar reasons once they parted ways with him. He was the visionary behind their spaghetti western meets goth meets motorhead thing.
 
  • Like
Reactions: Nephilymbass
#14
My kids were going by the name "Sibling Rivalry" for well over a year. It seemed an appropriate and cool name for two sisters. Unfortunately when they started getting more gigs i went to set up a facebook page and found at least 6 or more acts going by the same name. I then went to register the business name (in Australia that is almost as good as a copyright) and the name was taken as well. It took over 12 months of the girls and me suggesting names, checking on google and facebook, discarding that option because it's taken, again and again and again. Finally they came up with a name that doesn't appear to be taken anywhere in the world.
 
#15
You should try touring your, then 30 year old, gospel choir around when the Scottish boys The Proclaimers were also touring. We were using that name before they were born. Lost half an audience one night after the first couple of numbers but gained it back when our audience came back from the other venue. Quite funny, we even started one show with "100 Miles" for a laugh. Too late for litigation when it's all happening in front of you.
 
Last edited:
  • Like
Reactions: Ianhin, S-Bigbottom and christopea
#16
MarkoYYZ said:
trademarking it for yourself. If they haven't done this yet, and you do it first, you'll have greater rights to the name than they do. If they have done it, then the trademark office will let you know this also.
Click to expand...

This. The trademark office will know if it is already trademarked.


PS years ago I managed a hard rock cover band who were young and really good. I received a letter from a band in Sydney with the same name, saying how they have had this name for years. I replied, wow you've had that name for ten years and I've never heard of you , yet you've already heard about us, that says a LOT. Never heard back from them lol
 
  • Like
Reactions: Omega Monkey, Ianhin, Robroy and 1 other person
#19
BazzTard said:
hehe

Neil and Tim Finn - AUSSIE

Marc Hunter and Dragon - Aussie

Sharon O'Neil - AUSSIE

Dave Dobbin - kiwi hehe
Click to expand...

Interesting list for me Bazz................

1) The first touring lighting rig I designed and put together was for Dave Dobbin when he toured on the back of his "Slice Of Heaven" success.

2) I toured as an 18 year old with Dragon in '88 and was named as an honorary Hunter by Marc due to a striking similarity to his youngest brother. On one leg of the tour I was playing cards in the band room with Sharon O'Neil as she was going out with the keybord player Alan Mansfield

3) And finally, when I was touring on lighting with Paul Kelly he had Neil Finn as a guest at one of the gigs.

Sorry about the thread hijack........ back to normal programming.
 
  • Like
Reactions: Mr. Sound

Latest posts

Top Bottom
Back