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legal ramifications: band name

Discussion in 'Band Management [BG]' started by MCBTunes, Jun 18, 2005.


  1. Is there anything wrong with naming a band after a person...

    Supermodel, millionaire etc?

    Bill Gates, Heidi Klum whatever.....

    even if it is someone slightly less famous.... what if you name it after one of their alias' like names pornstars use? Sara Hefty whatever i dont know.(this is what i'm most interested in)

    or is that some sort identity theft, fraud..... even just using someone as advertising(the law is called....i dont know involves royalties)
     
  2. Most celebrities trademark their image and name. Many are considered corporate entities.

    I wouldn't recommend using someone elses identity as your band name.
     
  3. fenderx55

    fenderx55

    Jan 15, 2005
    NYC/Queens
    this local band by me is getting sued for their name. they got a cease and decist letter (they did neither). i checked out the band that's suing them; some rock group from philly that just got picked up by budweiser music. I'm guessing that's the problem cause these guys were having talks with Drive thru records (you guessed it, i live on long island and they're emo :rollno: ). best part is, the lead singer had just gotten their logo tattooed on his arm. i htink it's funny.
     
  4. ou that sucks, i guess that poor dude will be getting it removed
     
  5. +1. Only do it if you want to spend the next five years talking to (and paying) lawyers. :meh: :meh:
     
  6. ok well its settled, we'll change the name a little :)
     
  7. nataku

    nataku

    Jun 21, 2004
    San Jose, CA
    yeah, you just gotta change the name a little, for example, my bands name is tron javolta :D .

    (p.s. not joking)
     
  8. fenderx55

    fenderx55

    Jan 15, 2005
    NYC/Queens
    +1
    you sir, are my freakin hero!

    btw, he's not getting it removed as far as i know, they're just ignoring the cease and decist
     
  9. haha...tron javolta. sweet.
     
  10. QORC

    QORC

    Aug 22, 2003
    East Coast
    Really? I guess the idea to name my new band "Counting Sheryl Crows" is a bad idea?

    funny, early on in "Furious George" we were contacted by some lawyer representing the owners of "Curious George" (the books, etc) saying that our using ANY kind of monkey on our webpage would violate their trademark etc.

    We wrote back - "Dear sir: We're a little band. We're not incorporated. We only play in the DC area. We're not any threat to people confusing us with your books. Thanks."

    We never heard from them again.
     
  11. fenderx55

    fenderx55

    Jan 15, 2005
    NYC/Queens
    sometimes i wonder what would stop people from just making up the letterhead to a fictional lawyer and sending cease and decist letters to ppl that piss them off... interesting.
     
  12. iriegnome

    iriegnome Bassstar style Supporting Member

    Nov 23, 2001
    Kenosha, WI 53140
     
  13. toddcotham

    toddcotham

    May 12, 2005
    Lubbock, TX
    Is there anything wrong with naming a band after a song by another band? Our tentative band name right now is Pheonix Ignition which is also the title of a song by Thrice.
     
  14. I imagine the argument will be the same.

    Mike
     
  15. I think that could go either way. Godsmack has a song called "Bad Religion", doesn't seem to be a problem. However, if some band called themselves "Stairway to Heaven" or wrote a song called "Sailing the Seas of Cheese", there would definitely be a problem. In the case of "Phoenix Ignition", that doesn't sound like a good idea. If the name is something a bit more vague or common, like a short phrase or other grouping of words that could be used in a sentence, for example, it might slide. But something that specific will probably get you in legal trouble.
     
  16. Schwinn

    Schwinn

    Dec 4, 2002
    Sarasota, FL
    Well Epica named their band after a Kamelot album and they don't seem to mind. They play shows together and do guest spots on their respective new albums!
     
  17. 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
    Yeah, if my band Mass Transit ever gets in a tussle, we'll just rename to Master Rancid.
     
  18. Odd that you used Godsmack as an example, as their name was taken from an Alice In Chains song.

    Mike
     
  19. RobertUI

    RobertUI Thumper Supporting Member

    Apr 7, 2005
    Herndon, VA - NoVa
    My guess is that John Travolta owns the Welcome Back Kotter empire (I seem to recall reading that). Plus, he's pretty notorious for his legal battles.

    BTW: Furious George ROCKS as a band name. :bassist: You HAVE to use an ape on your site, and if they contact you, inform them that there is a huge distinction between a monkey and an ape ;)
     
  20. Matt Till

    Matt Till

    Jun 1, 2002
    Edinboro, PA

    They started out a AIC tribute band, now there just a AIC ripoff band.