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CRAAAAP, another taken band name

A lawyer once told me that trademarks are valid for the state that they are registered in.

They can be registered nationally and internationally too. AFAIK it mostly it comes down to whether you are operating in markets where confusion could occur, so having the same name as a band in a different country when you rarely do business in each other's countries is not much of an issue, but you get instances where crossover exists, hence The Beat in the UK became The English Beat in the USA to distinguish from a USA band.
 
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As a member of a band in Pudunk, Ohio, I take extreme umbrage at that comment. As a matter of fact, "Extreme Umbrage" is our name.
:woot:

My apologies to all Pudunkians, some of my best friends are Pudunks.
Please note, "Extreme Umbrage" is already our band name. Cease and desist any further use of said name.
Note, for a small fee we can license you for unlimited use of "Extreme Umbrage".


You guys may be hearing from my lawyers. I was in a band called 'Extreme Umbrage' in 1983. Admittedly we only played 3 gigs in some very small bars in Dublin before I shot the drummer but unless you guys were around then, that name is MINE.
 
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If the term "noise" describes your sound (as you say), then simply seek out a suitable synonym. There are a myriad of ways to convey the sentiment.
Main Entry: noise
Part of Speech: noun
Definition: sound that is loud or not harmonious
Synonyms: babble, babel, bang, bedlam, bellow, bewailing, blare, blast, boisterousness, boom, buzz, cacophony, caterwauling, clamor, clang, clatter, commotion, crash, cry, detonation, din, discord, disquiet, disquietude, drumming, eruption, explosion, fanfare, fireworks, fracas*, fuss*, hoo-ha, hubbub, hullabaloo*, jangle, lamentation, outcry, pandemonium, peal, racket, ring, roar, row, shot, shouting, sonance, squawk, stridency, talk, thud, tumult, turbulence, uproar, uproariousness, yelling, yelp... etc...

Sonance is kinda different.
 
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Any one-word name is probably already used. I'm always surprised when people think they're the first to come up with any one-word name. There's a reason why bands are named Toad the Wet Sprocket, and Alien Ant Farm, or Def Leppard, or Led Zeppelin.

Pick something that's a unique phrase to your band, some sort of inside joke maybe. Then change the spelling.

Noise Records - Wikipedia
 
It's all about first use in commerce. They win. I'd find another name.
when you say "in commerce" do you mean trademarking the name or the first to make money using the name?
my friends band got a cease and desist order from a new band using the same name as theirs. my friends have been using the name off and on since the late eighties. they never trademarked though so they have to change their name.
 
when you say "in commerce" do you mean trademarking the name or the first to make money using the name?
my friends band got a cease and desist order from a new band using the same name as theirs. my friends have been using the name off and on since the late eighties. they never trademarked though so they have to change their name.

I'm not a lawyer, so I'm just speaking in generalities. Your friend's situation seem more complicated. By just because they were sent a cease and desist means that it is correct. They're just sending legal notice and challenging their use of their trademark. Of course, fighting it means getting a lawyer and going from there. $$$
 
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I'm not a lawyer, so I'm just speaking in generalities. Your friend's situation seem more complicated. By just because they were sent a cease and desist means that it is correct. They're just sending legal notice and challenging their use of their trademark. Of course, fighting it means getting a lawyer and going from there. $$$
yea the $$$ is why they did not pursue it and changed their name.
 
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