Separate names with a comma.
Discussion in 'Band Management [BG]' started by Fassa Albrecht, Mar 28, 2009.
Other than checking MySpace and the like? Is there a site I could use?
That would take too long and could drag up loads of crap that I don't need.
Do a domain search on a site like Go Daddy
You can buy a site domain name for about $20 and then you own the name on the net owning the internet name is a good way to have name rights as it has become, if not a legal atleast a defacto standard. once you have that check the other stuff like Myspace etc:
... That's how I have done it several times
Ah, that's more like it! Thanks!
Create one, become semi famous, and get sued.
... then add "Jr." to the end of your band name (true story with the band previously known as Dinosaur)
The most definitive way to determine whether a band name (or any other trademark, for that matter) can be used without fear of infringement is to hire a trademark attorney to do a trademark clearance search. Very few bands do that because it's not cheap, but you asked for the most definitive way. Getting a domain name doesn't really mean much from a trademark point of view.
Choose a band name that generates relatively few hits on Google. For instance, "Glom Spectacle" generated no hits.
So, let me get this straight. You won't do a google search, because it will waste too much time and there will be too much stuff to wade through, but you're willing to ask here, knowing that you're going to get flamed by your fan club on TB and might have to wade through a lot of fluff responses before getting to a serious one?
I don't think buying a "domain name" guarantees anything
there could be an existing band (with success) who never got a dot com..
Getting and internet domain does nothing for you. If an established band has used that name then they can sue you for it. When the internet first started, many established companies were slow to get a domain name for their long established, trademarked name.
The domain owners (called squatters) eventually were sued and they lost. Can't own CocaCola.com just because you were there first.
Also, if you're in a hurry, you'll probably miss out on some information sources. Tracing a name to definitively know that it's up for grabs is what lawyers get paid to do. Doing a 5 minutes search or registering it with GoDaddy.com is not definitive.
If you're looking for world wide rights, that's another matter. In the U.S., the Trademark/Copyright office has a searchable website. That still doesn't mean some local band hasn't been using the same name for years.
If you do a Google search, put quotes around the name to eliminate unwanted hits.
NO doing a domain search is not the end all but it's a a very good quick start way to cut to the chase as they say.
Maybe years ago companies and such were slow on the up take on picking up domains ... not now it's one of the first things you do. A band name, considering all the strange ones out there can get pretty unique too. Doing a Google search first is kind of a given because your prospective name will most likely show up somewhere if it's out there.
For example lets take the name "Monkey Juice" a quick Google brings that name up in several places, a domain search also says it's taken yet I know a band using it. Now personally after doing those two quick searches I wouldn't touch that name, but I doubt the Monkey Juice band in Olive Branch Mississippi has much to worry about, but lets say they decided to be safe they wanted to change their name.
So they decide on "Space Monkey Joe" as a new name both a Google and a domain check show nothing, so they buy the name and get a Myspace and go on.
... In the real world "Space Monkey Joe" is probably a safe bet, then TM it if you want the whole legal route.
Here's the U.S. Patent and Trademarks Office's search function at their website. It's a basic search, isn't gonna go into major detail. But you can put in your band name and see if anyone else has a trademark for that name for use as a band.
Usually I try google, myspace, and a couple of music sites. You can google the name or name+band, name+rock, name+shows etc. in order to narrow it down. If nothing comes up I figure it's good to go.
Googling won't take that long. If a band's website/myspace doesn't pop up on the first couple pages, there either probably isn't one, or the band is too insignificant for it to matter if you share their name.
This is something I've actually been doing to try and create some bandnames.
The problem with Google and most search engines is that for a multi-word search it searches for each word seperately and so you get a LOT of useless information.
I was searching for Def Leppard drum tab a few hours back and it was coming up with tab for all instruments, despite me specifyling DRUM tab.
Anyway, to the other guys, thank you. This is exactly what I wanted.
Put the multi-word phrase in double quotes, and it will look for an exact match. That's what I did with "Glom Spectacle." Try it with and without the quotes, and you'll see what I mean.
+1 on allmusicguide.com. if a band has made an official release, they're on there 99% of the time. this won't help you with an 'up-and-coming' band in peoria tho