• 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.

Brand dilution from 3000 miles away

fenderx55

fenderx55

Jan 15, 2005
2,109
9
NYC/Queens
www.chriscona.com
#1
Just when I thought I was gonna get some reading done, I check my band's myspace for the first time since december, and get this:

----------------- Original Message -----------------
From: <a href='http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=318462810&MyToken=05781ea4-e6a0-435f-97f5-8a4e36d1ea70'>MarkAbdilla</a>
Date: Jan 18, 2008 12:42 AM


Hello there, My name is Mark Abdilla and I live in the San Francisco area.I am the legal (copyright) owner of the name charlie dont surf.It has be my bands name (albeit several incarnations), since 1993. I have just recently discovered your band on myspace.I hear that you have disbanded.

I would like to politely ask you to remove you myspace page as it is infringing on my/our band. I hope this can be done without taking any legal action.I would like the a response from the appropriate person regarding this issue as soon as possible so as to not need an intellectual property attorney. thank you, Mark Abdilla
Click to expand...

I was sort of insulted that he would think that I would just say "oh ok, no problem." What do I look like here?

Hello Mark,

I hope the day finds you well.
I'm not sure where you got the idea that we are disbanded, but CharlieDontSurf is indeed still active. While I appreciate your claim to the brand (of which proof would be desired) there are a few things that should be cleared up. A Google Search of "Charlie Don't Surf band" produces 1,030,000 results--among them quite a few speed metal bands, the Clash song (did you check with the Clash? Just wondering), a Charles Manson tee shirt worn by Axl Rose on stage, and a restaurant in Canada. As you can see, you and I are hardly original in this respect. Also, our name stems from the line in "Apocalypse Now," a movie with which we had an unfortunate obsession for about a week in high school.

Realistically, we are a local bar band that grosses approximately 600 dollars a year playing area venues during university vacations with crowds made almost entirely of friends, girlfriends, and parents. Pursuant to this fact, we have no interest in changing our name as it would prove disproportionately irksome comparable to any perceivable benefit, largely due to relationships I have forged with club promoters through this and 2 other bands that I am active in. Additionally--and most importantly--our 3000 mile+ distance makes it somewhat difficult to argue brand dilution, not even taking into consideration the fact that we have totally different brand personalities (celtic music vs 90s rock for instance). If one of our fans were to get "Finnegan's Wake" confused with "Suck My Kiss" it'd be another story.

Good day to you Mr Abdilla, and goodluck in your endeavors.

-Chris Cona
Click to expand...

My band isn't the heaviest gigging band, nor are we totally psyched about our name, in fact, my sig for a couple years was "My pretty kickass band with a pretty crappy name" something like that. But I consider myself an intelligent person, and I refuse to be e-bullied. So I sent him the nicest message saying "No" as possible. Just thought I'd share.
 
#2
That, I must say, made my day. I can't count how many times my last originals band recieved similar corrospondence from other obscure artists on the other side of the country informing us that a song name/chord progression/melodic line we had used was infringing on their material written on some date in the distant past. :confused:

Our name was apparently the one thing proprietary enough about us not to raise any eyebrows...
 
#4
My band has had correspondence with another band by the same name in New England. Great bunch of guys. We decided that we'd have to ask permission before playing in each others areas. (More of a joke than anything really, as we are both cover bands.) Some friends of mine in a different band have E-mailed a band in California on and off that shares their name as well. No big deal.

Unless it's copyrighted I don't think there's anything to worry about.
 
#5
He's bluffing. Doubt it's actually copyrighted.

Even if it is, is he/are they going to go through the trouble of taking you to court?

They have to prove damages to win in civil court.

Ignore them.

Besides, I would think that the owners to Apocolypse Now might have some claim on the phrase in any circumstance.


still my guess - bluffing. Ignore it.
 
#6
If he was the "legal" owner of the name he'd know that a band name can't be copyrighted (as he claimed), but only trademarked. Since he didn't know that, he almost certainly hasn't paid to trademark it. If he has paid to trademark it, he got ripped off, since his IP attorney evidently didn't do a trademark search and discover that the name isn't sufficiently original for a trademark registration to stand up in court.

In short: he's bluffing and your response was great. :)

(I'm not an attorney, and all that.)
 
#10
A very nice and level-headed response. Theres no way he can argue with that!

And like you said, the chances of him ever actually owning the rights to such a name is beyond slim, unless he happens to be well aquainted with Francis Ford Coppola and/or the Joe Strummer estate!

:ninja:
 
#16
Perfect response.

Offer him a compromise. Tell him if he changes his band name to Charlie don't know what he's talking about, you'll change yours to Charlie don't give a ****
 

Latest posts

Top Bottom
Back