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being sued over band name

#42
BurningSkies said:
Since we're wandering into bigger trademark/wordmark territory...let me ask this. When we first became a band I did a search on our proposed name. No bands were or are using it. We've been performing under this name for 3 years, and obviously can confirm our timeline with our media outlets (FB, other band related sites, local and regional press, etc). A search of TESS shows no hits for the wordmark. Even the google prompt shows us as the top search term:

Invalid Link Removed

Without spending the roughly $1K to go through the registration process (fees plus legal) is there a good way to keep the primacy of our ownership of the name within the US.
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It doesn't need to cost $1000+ to trademark something either, as the actual fees are far lower than what the agent/lawyer is charging you to do the work.

As for other DIY things you can do to establish your ownership of it... get all that information together, as far back as it can be verified, and take it to a Justice of the Peace to notarize it. Or a lawyer to do the same. Another very simple thing... you can laminate your name and artwork - listing who the rights belong to - onto a post card and send it to yourself by registed mail, which becomes a legal timestamp at that point also. Any little thing can eventually be valuable down the road, if someone else starts elbowing in on your name.
 
#43
True story. My buddy was in a band in Nederland CO called Water. They were pretty popular in the early 90s. They heard a whisper that one of the big record companies signed a band with the same name and were going to promote....They Trademarked the name. Less then a week later they got a call from the record company. They had already gone to print on a bunch of stuff.....My buddy eventually took 25K to give up the name. The whole band went out and bought new gear!!
 
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#47
I'm not trying to be a dick, this is only my opinion... but if they are playing originals, and you guys are playing covers, let them have the name.

Not trying to take their side, because it sounds like they're trying to be jerks about it, but original music just takes the cake.

Every original band struggles to find a name to fit the image of the music and the band itself, and when your image is that of other, already successful, music, it's no big deal to swap to something new, or even update your old name with some new sauce.

This may all be slightly biased though because I am a huge original music advocate.
 
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#48
I know a band that's evolved with changing personnel and instrumentation since the 70's. They play contemporary 'classical' composers and are dependent on arts grants and such and are nobody's getting rich off this, but they have sued other bands to maintain their name and 'brand'.
They usually have a lawyer on their board -- arts grant bands have boards and some friend of a friend finds a lawyer who want to be on the board. My wife was on the board years ago to help with their graphics design.
 
#51
BurningSkies said:
I dunno. Their lawyer looks pretty serious.

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Willy remembers.
 
#53
SanDiegoHarry said:
I've heard of bands being paid off for their band name, but not sued. Sad.
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Yup. I have a friend who played in a band named "C Note" up here in the great white north, and some boy band in the US geared their machine up with the very same name before they realized their error—my buddy ended up getting a canoe full of cash—kind of funny considering that the 'new and improved' C Note did absolutely nothing and just disappeared. If I recall correctly, there were some threats of legal action, posturing up, and general nastiness before they got down to opening up their wallets though.
 
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#59
MarkoYYZ said:
Or if it's a phoenix rising from the ashes sort of thing... the Flaming Birds. You could be big with the lesbian crowd.
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I was in a band named "Phoenix Rising", which was also a common band name as it happens. Also happened to have a (very talented!) lesbian singer/songwriter. Coincidence? I think not...

Just goes to show, it's really tough to find a good band name that hasn't been taken.
 
#60
GBassNorth said:
You think the lyrics suck, you should read the bass players bio. Comes across as a real tool. The OP better watch out or their bass player might "kick the nose off his face".
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Sounds like a crew that keeps it real!! ;)


Yeah, this comes off as a lame attempt at intimidation to me. Something coming direct from the band instead of a lawyer is like kindergarten playground bullying, just ignore em.
 
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