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Just found another Band using our band name...

Discussion in 'Band Management [BG]' started by spaz21387, Dec 18, 2011.

  1. spaz21387


    Feb 25, 2008
    Portland oregon
    What do we do? Our band is an originals band with songs about police brutality. The other band is just a cover band and the name fits us much better. The band leader went to court in 2007 to get the rights to the name because a certain tv show didnt like us using the name and we won. What do we do?
  2. lfmn16

    lfmn16 Supporting Member

    Sep 21, 2011
    charles town, wv
    If you have the name copyrighted, I'd start with a letter to the other band through an attorney. They may not even know there is an issue. Start small and work your way up. There is no sense in starting with an Elephant Gun if it's an honest mistake on the other band's part.
  3. +1
  4. CnB77


    Jan 7, 2011
    Politely inform them of the situation?
  5. otherclef


    Aug 10, 2011
    geographic concerns matter here. Are they in another part of the country?? Are they just some local act??? Do you guys have inspirations to be or r u national??

    BTW: Love the theme!!! Cops are #&!(#@E(&@# !!!
  6. jmattbassplaya

    jmattbassplaya Looking for a gig around East Islip, NY!

    Jan 13, 2008
    I might be wrong, but I believe names are trademarked and not copyrighted.
  7. jmattbassplaya

    jmattbassplaya Looking for a gig around East Islip, NY!

    Jan 13, 2008
    Song topic has little relevance here, so don't consider that a selling point on your 'right' to the name.

    Honestly, what are the chances of your bands coming across each other? If it's highly unlikely you'll ever be in the same area then I wouldn't worry about it. If it is possible, however, then I'd research who has been around longer.

    If they have been around longer, then I'd suggest you either change your name or ask them if they'd be willing to change. If they decline, however, then you might not be able to do anything if they've been working under that name longer than you - that said, ask your attorney just to be sure. If you've been around longer, then ask them if they'd be willing to change. If not, you can pay a hundred or so bucks to have a lawyer send a letter to them to cease use of the name, and that will likely stop them.

    Side note - you should practice some tact when you contact them. I doubt you meant this when you wrote up your OP, but it definitely sounded like you had a slight chip on your shoulder in regards to the name. It very well could be their name, and you might just have to suck it up and change your name to something else.
  8. Stumbo

    Stumbo Wherever you go, there you are. Supporting Member Commercial User

    Feb 11, 2008
    Song Surgeon slow downer. https://tinyurl.com/y5dcuqjg
    Since you won in court already against a (national?) TV show, seems to me that asking the other band to change their name is within your purview.
  9. HeadyVan Halen

    HeadyVan Halen

    Jun 11, 2010
    Songs about police brutality.....using American Justice System to prove point.

    Slighty, oxymoronic?
  10. I hate to bust you bubble but i have seen 2 different groups out this way called five-o,5-0
  11. Thank you.
  12. AnchorHoy


    Dec 29, 2008
    New Jersey
    Not at all

    Police brutality is a clear violation of both Law and most Departmental regulations. If the cops aren't going to obey the Law, why should anyone else? If a policeman breaks the Law, then the proper response is to hold him/her to account - in the Courts
  13. :eyebrow: :rollno:
  14. Dark Horse

    Dark Horse Supporting Member

    Jul 31, 2008
    Austin, TX

    And yet they're the first people you'll be calling when you need help.

  15. enhanced-buzz-6103-1310586848-42.

  16. spaz21387


    Feb 25, 2008
    Portland oregon
    the bandleader started the band in 04 but the name was originally the cops. That got changed to five-0 when he found out there was another band up in seattle going by that name. which by looking at the bands info on their website is around when they started too. So far we are just local but that will change. We have gotten offers to play all over but dont have the funds at the moment to drive to say texas or somewhere like that.

    And even in the cd art it says " if you are fortunate to meet a good cop be Thankful and respectful." We arent against police just calling out and mocking the bad ones. Its so easy this year alone gave us enough ideas to write atleast 15 songs. Up in new york police man flashes his badge to a lady says your coming with me takes her behind a house and rapes her. Or the story in portland where they "accidentally" shot someone with a real shotgun when they were soposed to be using bean bag rounds.
  17. spaz21387


    Feb 25, 2008
    Portland oregon
    I Like this idea lets just hope everything gets resolved.
  18. Why don't you just call yourselves The Police?
  19. Dick Tree

    Dick Tree

    May 26, 2011
    Normal, IL
    If another band has your name, change your name, because it's probably lame.
  20. spaz21387


    Feb 25, 2008
    Portland oregon
    I hope that was a joke ha

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