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Brand dilution from 3000 miles away

Discussion in 'Band Management [BG]' started by fenderx55, Feb 25, 2008.


  1. fenderx55

    fenderx55

    Jan 15, 2005
    NYC/Queens
    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:

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

    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...
     
  3. That's funny. I love how he seemed to think his band name was really original, and his property. I bet there's been at least a few dozen bands across the world that have used a name similar to "Charlie Don't Surf" since "Apocalypse Now" came out years ago.
     
  4. Phalex

    Phalex Semper Gumby Supporting Member

    Oct 3, 2006
    G.R. MI
    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. QORC

    QORC

    Aug 22, 2003
    Elberon, New Jersey
    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. Djehuti

    Djehuti

    Feb 23, 2008
    Pittsburgh, PA
    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.)
     
  7. AlunJWDavies

    AlunJWDavies

    Nov 28, 2007
    Ottawa
    Very well written pithy response! Give 'er! Wooo!

    Seriously, you handled that well. Dood should get a life.
     
  8. RiddimKing

    RiddimKing

    Dec 29, 2004
    Great response!
     
  9. Challenge him to an arm wrestling match.

    To the victor goes the spoils.
     
  10. Inflin

    Inflin

    Apr 30, 2007
    Newcastle, UK/Currently London
    Affiliated with Genelec, Avalon Design.
    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:
     
  11. fenderx55

    fenderx55

    Jan 15, 2005
    NYC/Queens
    Thanks guys. I totally figured he was bluffing and probably just jealous that I have more myspace friends than him :smug:. sigh. loser. Anyway, that's what you get when you mess with an english major with a background in marketing: an email laden with big words and snarkiness. Now he knows.
    :bassist::p
     
  12. Eric Moesle

    Eric Moesle Supporting Member

    Sep 21, 2001
    Columbus OH
    Since there's no such thing as copyright for a band name (ony trademarking), you should just ignore him. Don't bring it to his attention, since he might then seek a trademark. Just leave it alone. There's nothing to be gained by arguing with a moron.
     
  13. fenderx55

    fenderx55

    Jan 15, 2005
    NYC/Queens
    I felt like a fight today.
     
  14. bongomania

    bongomania Commercial User

    Oct 17, 2005
    PDX, OR
    owner, OVNIFX and OVNILabs
    Good response to his email! *polite applause*
     
  15. Jazlikethat

    Jazlikethat

    Feb 25, 2008
    Did he ever respond to your e-mail? I want to see it.
     
  16. Steve

    Steve

    Aug 10, 2001
    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 ****
     
  17. fenderx55

    fenderx55

    Jan 15, 2005
    NYC/Queens
    ::slow clap::

    Btw, no, never got a response. Apparently, I pwnd him too hard.
     
  18. Munjibunga

    Munjibunga Total Hyper-Elite Member Gold Supporting Member

    May 6, 2000
    San Diego (when not at Groom Lake)
    Independent Contractor to Bass San Diego
    Couldn't have done better myself.

    When I chose my band's name, Silverback, I did a Google search and found a production company of the same name in L.A. I gave them a call and asked if they'd mind if we used the name for our band, and the guy said it was fine, since we are about 100 miles away. No prob.
     

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