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Just found another Band using our band name...

#2
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.
 
#6
lfmn16 said:
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.
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I might be wrong, but I believe names are trademarked and not copyrighted.
 
#7
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.
 
#9
spaz21387 said:
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?
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Songs about police brutality.....using American Justice System to prove point.

Slighty, oxymoronic?
 
#15
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#16
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.
 

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