Taking a used band name...


View Full Version : Taking a used band name...

01-03-2008, 04:41 PM
So my last band broke up and I'm starting a new band and I have to come up with a name. We have a few really good ideas. The only problem are that most of the names are taken by some obscure german progressive metal band that no one has ever heard of an the band has already broken up most likely. Do you guys think it would be ok to name my band with the same name as the other band?

The other idea I had was to add "The" before the name.

So what should I do?

We're a progressive rock/jazz fusion band in case you guys have any suggestions for names.

01-03-2008, 04:49 PM
Blackwater Park?

01-03-2008, 04:51 PM
If it's some small band with barely 5,000 view on myspace I wouldn't be too worried as long as they ain't nearby.

01-03-2008, 04:57 PM
Here's the band.

I already have the site made.

Turns out there are two bands with the name. Do you think I should worry about competing with these bands?



01-03-2008, 05:29 PM

01-03-2008, 05:47 PM
They did have it first, and its not fair for you to say that just because they don't have "x" number of page views or fans that you have any more right to it. Do your best to come up with something unique though.

01-03-2008, 05:57 PM
Beyond mental?

01-03-2008, 06:05 PM
How about if I take another name, Rock for example (no I'm not planning to make my band name Rock, I'm being hypothetical) that's already a band name and turned it into The Rock?

01-03-2008, 07:10 PM
I'm only gonna say don't use the name you wanted because they're amazing live. Haha.

Anywho, I think if you really want your name to be stuck in somebody's heads, it's usually odd and catchy (Red Hot Chili Peppers, Reel Big Fish, etc.)

Hang out with your band, go to the mall, etc. and see what pops up.

01-03-2008, 10:19 PM
Technically, most econimic/trade/retail laws say that no two businesses can share a name (or one close enough to be easily confused, which would be decided by a judge) if they are offering a similar product/service in a similar territory.

This is why you can have a Bob's Corner Store in virtually any city you wish. The Bob's Corner Store in Las Angeles, though sharing a name with, and offering the same service/products, will not be competing for customers with the Bob's Corner Store in San Francisco.

OTOH, if you wanted to open up a McDonald's burger restaurant virtually anywhere in the developed world, you would likely be competing with another business with the same name in that market, which wouldn't be allowed.

Adding "The" won't make a lick of difference. Do you think McDonald's would be satisfied with another restaurant called "The McDonald's?" Nope.

True story.... Near where I live is a little town called Waterdown. Population at the time was about 6, 000. In that town was a little independent book store called Chapter's. That was fine, because there wasn't another retailer named Chapter's or anything similar in probably 100 miles.

Then Chapters chain stores started popping up. Chapters was doing business in Southern Ontario.... they had moved into the neighbouring communities of Toronto, Burlington, etc. Well.... the little Chapter's store (note the difference here.... Chapters vs Chapter's) cried foul and said Chapters was infringing on their market with a similar name and an identical product.

In the end, Chapters decided it better to buy the little store Chapter's and dissolve the independent business. It did not become a Chapters. The owner walked away with a nice sum (that was never disclosed to the public), and opened up another bookstore under a new name. Surely, Chapters made it worth the little guy's while, or he wouldn't have done it.

so, long story short.... you're probably okay, so long as you are not marketing product in the same territory. But.... you might find yourself at some point down the road where you are in that situation, and then what?