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being sued over band name

#63
ArtechnikA said:
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?
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I've heard that in the US if you have a particular name and become big enough to be "big", you may have a problem if bands in some other state(s) have the same name, because they have the right to it simply by existing before you Trademarked.

But I could be wrong.
 
#65
I would consult a lawyer if you have the money. In my state, I can get a 1/2 hour consultation for $50 through our law society. You may find they don't have a leg to stand on given jurisdiction problems, the cost of suing you etcetera.

I will say, it's good to have a different name than other bands if possible. Also, you have to if it's worth the aggravation to fight them on it.
 
#70
MarkoYYZ said:
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 ***

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Heck, if the initial notification is not from an attorney and was delivered "snail mail" without any kind of registration, or email, etc., I'd ignore it.
 
#71
Too many bad advice in this thread. This is the second time I suggest the same, and then I'll unwatch the thread, because it hurts to see too many uninformed bad advice: change your band name, or consult with a local lawyer specialising in trademark. My instinct tells me that here's NO evidence you can gather that will have the UK IPO revoke the registration, as the mark owners have ample evidence that they actively use the mark (website with the band name in the URL, a published CD, merch with the band name on it, etc).

You can wait until you get a more formal notification, but it's VERY likely that you will get it. And then you'll have a given timeframe to comply. It's better to be safe than sorry.
 
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#72
My old band received a Cease & Desist notice without any warning. Your best bet is to see if they have officially registered and trademarked the name, and if they haven't yet, get on that!

My current band has been picking up steam over here in the US, but we are very aware of another band in the UK with the same name. We are just trying to pick up a larger following and trademark our name before them haha.
 
#73
FerK said:
Too many bad advice in this thread. This is the second time I suggest the same, and then I'll unwatch the thread, because it hurts to see too many uninformed bad advice: change your band name, or consult with a local lawyer specialising in trademark. My instinct tells me that here's NO evidence you can gather that will have the UK IPO revoke the registration, as the mark owners have ample evidence that they actively use the mark (website with the band name in the URL, a published CD, merch with the band name on it, etc).

You can wait until you get a more formal notification, but it's VERY likely that you will get it. And then you'll have a given timeframe to comply. It's better to be safe than sorry.
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It seems like a lot of people are responding without having read the whole thread, haven't seen that the other band does have a registered trademark, and didn't see the fantastic insight from the lawyer. Hopefully the OP is going through the posts and not just jumping to the end.
 
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#75
6jase5 said:
I love when people don't read threads and then way down the line they question previously stated details. You my friends are probably the kind of people that should never be commenting about legal or medical advice.

On that note, if these guys don't have the name already trademarked, you really should get on that.
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Had to chuckle. Earlier in the thread there is a post that shows that they have the name trademarked. ;-)
 
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#77
Find out which band used the name first. If it's your band, then you can negotiate, like a buyout of the name. And, if your band is the first use, then that can be used to invalidate a trademark claim. Acceptable forms of proof of first use is something printed or published.

Your band's response should be to the affect of, "show us proof of date of first use and trademark". No need to worry about letters from attorneys, etc., until they do that. If a attorney (solicitor?) sends you a C&D letter, then respond with "show us proof-----" If they indeed used it before you, then change your band's name. It's not worth the hassle.

But if they have no legal claim on it, then you do it right now....
 
#78
For what it's worth, and seriously no offense intended but, From The Ashes, is a really generic name anyway, especially for a cover band. It sounds like a fake band from a bad eighties movie. You're better off finding something better. I bet, world over, that there are at least twenty bands calling themselves that already. Finding a good, unused name is damn near impossible these days. Good luck.
 
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#79
I've heard that most conflicts over band names comes down to who is making more money with the name. If they are making a significant amount of money with that name, and can demonstrate that your use of the name impacts them, and you are benefiting from the reputation they have created with the name (i.e. customer think they are getting them when they go to see you), and they wish to take legal action - then you will probably be forced to stop using the name (I've heard it really doesn't really matter who was using it first). If they're a virtually unknown, unsigned band, making very little money, I wouldn't even respond to their email. I wouldn't even respond to a letter from an attorney. I would stop using the name if I was served with a summons. I'm not a lawyer, and this isn't legal advice - this is what I would do.
 
#80
From Gene Simmons comes the tale of when his band first changed their name to KISS, they soon found out there was another band that had been going by the name for some two or three years.

He looked into it and found they hadn't locked it down legally,so he quickly did and the other band had to change their name.
 

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