#1
Well, my band name is Wedgehead, and there is a stuffed animal type thing called Wedgehead. Could I potentially get in legal trouble over this? Thanks, and sorry for making two threads in one day.
#2
I would say yes. But really it depends on the country and all that jazz. However, what I would reccomend is if it isn't already(there's a way you can check but I forget just use Google.) is to Trademark it.

just eat 27 chalupas with fire sauce the day before you meet em then when they try something **** your pants



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#3
depends on if the product if really popular or if it's new or something

if this product has been around awhile and rakes in alot of cash, there's a good possibility there could be some trouble. other than that you should be fine.
#4
I think its a popular toy. Would just changing the band name to Wedge Head work, or should we just change our name entirely?
Last edited by Wedgehead at Dec 28, 2008,
#5
Probably bes tto change your name entirely though a think a space should work

just eat 27 chalupas with fire sauce the day before you meet em then when they try something **** your pants



Gear List:
Fender Stratocaster
Fender Squire Sp-10
#6
No, you shouldn't get into trouble over it, as it isn't a band.

The two Apple's only got into a legal dispute when Apple Corp began selling music through iTunes.
#7
So we should be fine since we aren't effecting the sales of the toy or pretending to be related to it, right?
#10
I dunno. If they have trademarked it as a product name, which major manufacturers often do, you could find yourself having to change your name.

It's like saying, can I call my band Kleenex, or Walkman, or iPod, or Big Mac (not like you'd want to, but for sake of example....)? Be wary of using very identifiable product names that are already on the market and selling product in your area.

Business names are another matter. There, it matters only if they are offering a similar product or service. You could open up a McDonald's Books (as long as you don't use their trademarked golden arches), or a Ford's Camera Shop, or something like that. It would be silly to open up a Burger King Florist, so that should be a non-issue.

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.
#11
Quote by blue_strat
No, you shouldn't get into trouble over it, as it isn't a band.

The two Apple's only got into a legal dispute when Apple Corp began selling music through iTunes.


Hmmm..... this is a good lesson in confusing names and products. I associate Apple with a company who makes computers, peripherals, and software. In other words.. high-tech products. I assumed that iTunes was part of that same Apple umbrella.

So you're suggesting this is two different Apples?

Just to run with that a bit... Paul McCartney was given a division of a major record label to run as a subsidiary called Apple Records. Naturally, he signed his own band, Wings, among others.

There was not a moment of confusion between these two Apples, as Apple records was no longer a current business entity when Apple launched their music-selling on line retailer.

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.
#12
We'll just change our band name, just to be safe with all this confusing legal stuff. Unless someone is positive we could use Wedgehead.
#13
You should be alright to use Wedge Head if you wanted to as it isnt the same as the product name wedgehead. IT depends whether the band or the product came first. If you could legitimately prove that the band came first then in a court of law you would have a case against the toy company. Whether you would have the money to take up the ensuing legal battle is a totally different matter.

On a local setting, it wouldn't be too much of a problem sharing the name, assuming you aren't big that is. If the company were to view as significantly famous to affect the products name, then you could be chased with legal issues.

In all honesty, if you haven't got a large following in your area and you don't mind doing so, changing your name would be the easiest option.
However, if you aren't planning on making it big and just jamming together and doin the odd show here and there then don't bother. If you plan on being as big as the Stones then yeah, change your name.

Usually, issues only arise if its two bands with the same name, but an issue could still arise.

Sorry bout the essay there.

db
#14
You'll be fine.

When you register your band name, you do so as an LLC. Product names are trade-marked, which is something entirely different. Your band name isn't going to affect the sales of the product.

Another thing to keep in mind is how the company may never hear of you. Some lowly worker isn't really going to tattle to his superior about your band, and I doubt the CEO's would even care.
#15
It shouldn't be a problem.

A toy and a band are two totally different things. Odds are, there really won't be much confusion between the two.

I know of a band named Eraserhead, and they've never gotten any legal trouble for anyone because of the movies of the same name.
When you saw me sleeping
thought I was dreaming
of you...


I didn't tell you
That the only dream
Is Valium for me
#16
From the wiki entry on Trademark:

"The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colourfully" similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. The test is always whether a consumer of the goods or services will be confused as to the identity of the source or origin. An example maybe a very large multinational brand such as "Sony" where a non-electronic product such as a pair of sunglasses might be assumed to have come from Sony Corporation of Japan despite not being a class of goods that Sony has rights in."

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.
#17
Quote by darthbuttchin
Whether you would have the money to take up the ensuing legal battle is a totally different matter.


And herein, by extension, is the real-world practical answer to the question.

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.