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Member quits band, claims we can't use the name anymore...

Discussion in 'Band Management [BG]' started by PurplePurple, Oct 20, 2006.

  1. Ok So one of our guitarists, who contributed nothing except coming up with the band's name, just quit. He really shouldn't be called a guitarist, it would be an insult to guitarists to put it nicely. He didnt come to practices, didn't write stuff, didn't even own an amp except for a $50 crate one that farted all the time. The only reason he was in the band is we felt it would hurt our friendships if we kicked him out. Well he quit, but sent us an email claiming rights to the name. Why? So he can start a new band with the same name. Slightly odd why he can't just think of a new name.

    As a band that has played a few shows, Should we feel obligated to let him take the name? It would only confuse people if we had an almost identical lineup, played the same songs, but had a different name whilest a new band, that only had one of our members with completely different songs and a completely different sound, started playing shows with our original name.

    As the person who thought of the name, does he have the rights to use it?
  2. Wespe


    Feb 21, 2006
    Out of curiosity, what was the name of the band?
  3. RWP


    Jul 1, 2006
    That is funny. What nerve he has! I would get another guitar player, keep the name and tell him to sue me.
  4. 69nites


    Jul 11, 2006
    without a contract I don't see what rights he has to the name

    He quit he wasn't kicked out and you say he didn't even write the matterial he played
  5. The name was...get ready for it "The Cryptones"

    Yeah...psychobilly names are always cheesey
  6. deaf pea

    deaf pea

    Mar 24, 2005
    Cuernavaca 1 hr S Mexico City
    Seymour Duncan/Basslines SMB-5A Endorsing Artist
    The way I see it, you, the WHOLE group, that is, are the owners of the group name, as it has been used by you, as a group, publically in your geographic area. This falls under the heading of "common-law trademark or servicemark".
    You, as a GROUP. That means that the guy who thought up the name has an equal share in the ownership of the name as any ONE of the other members of the group. Figure out the math . . .

    The rest of you have more ownership of the name than he alone has!

    Of course the Law in your state may see it differently . . .
  7. 'nez perce

    'nez perce

    Oct 20, 2006
    SF Bay Area
    Actually, that's a pretty good name, IMHO.

    Is there $$ to be made from it? Was a contract signed?

    Unless you're at a certain level... that guy is blowin' smoke up (you know where.)

    Sounds like this gob is a loser... I wouldn't worry about it.
  8. Poop-Loops

    Poop-Loops Inactive

    Mar 3, 2006
    Auburn, Washington
    What's he going to do? Sue you? If all he has is a $50 amp, I don't think he can afford an attourney. And if he does, all you do is say "we're called something else now" when they try to sue you. Simple.
  9. mrpackerguy

    mrpackerguy Supporting Member

    Jul 3, 2004
    Madison, Wisconsin
    Unless you have a contract or he has a copyright, feel free to use it.
  10. mattq


    May 23, 2006
    Santa Cruz, CA
    legally speaking, i don't think there's any way he could claim a right to that name. even if he did start his own band with the same name and the two of you were gigging at the same time, you could probably sue him and win. unless there's any paper work that's been done between him and you, i don't think any judge would say he has the right to it.

    i'm not a lawyer, so that's not written in stone. but i think it's true and i'd do it myself were i in the same position
  11. markjazzbassist

    markjazzbassist Supporting Member

    Apr 19, 2005
    Lakewood, OH

    keep the name. screw the guitar player.
  12. Akami

    Akami Four on the floor Supporting Member

    Mar 6, 2005
    Doesn't matter who thought it up; it's the bands' name and that guitar player who you don't need just quit The Cryptones.

    Anyway, the band owns the name so just keep gigging.
  13. Do you guys have a website? If so, who owns it? For instance, I own our band's website: www.totalposers.com, so it would be pretty hard for anyone else to use that name, at least practically.
  14. cheezewiz


    Mar 27, 2002
    I agree with the others. Tell the gui**** to blow it out his a$$ and continue to use the name.
  15. anderbass


    Dec 20, 2005
    Phoenix. Az.
    This should also be the main issue, with your band name dilemma.

    But sense there's already a band in France recording with this band name, Its really a moot point. http://www.cduniverse.com/search/xx/music/artist/Cryptones/a/Cryptones.htm

    You could consider adding another word before or after Cryptones, or altering the spelling.
  16. Ace Frehley came up with the logo for KISS. Gene and Paul seem to be using it without fear of loss and when Ace was brought back for a few years it was as a contract employee.

    I'm guessing your former guy doesn't have more clout than Ace Frehley, so tell him to get bent.

    Seriously... the guy would have to prove a pretty significant loss of intellectual property rights and if there's no documentation of him "coming up with the name" and trademarking it, he has absolutely no pot to pi$$ in here.
  17. I would argue that since he didn't write any of the material, and the name has now been associated with the material (depending on how widely known you are) that either the name sticks or both parties come up with new names.
  18. west*coast*bass

    west*coast*bass Supporting Member

    Dec 6, 2003
    Agoura Hills, CA

    Quickly copyright the name - then he can't use it. Act fast...
  19. I doubt that we would ever get to a large enough plain to be sued by French people. If so we'll change the name to The Kryptones or something instead of The Cryptones.

    The other cryptones don't seam to be THAT big either.

    They do have a sight apparently.:(

    ....Stupid French guys
  20. QORC


    Aug 22, 2003
    Elberon, New Jersey
    without a copyright, he can't stop you.
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