#1
Me and some friends are starting a death metal band and we wanted to call it mass burial, however, theres apparently a band in austria or australia or some **** idr that used the same name as well. Is it like, illegal or anything, to still call our band that? I mean ****, it's so hard finding some unique and kickass.
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#2
Yes there can be some legal issues with names, more so when the other band has singles ep's and merchandise to offer, so just be wary of that
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#3
Im guna guess not because there are two Attack Attack! bands, one from the US one from the UK. However one has an exlamation point after the second Attack so i guess any thing to change it up just a hair will work too.
#6
No, not the band name thread, I don't think. He's more asking about the legalities of two bands having the same name.

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.
#7
It really depends on how similar your music is to them and whether you share the same geographic markets. The key is that the audience/fans aren't confused as to which band they are attending/buying albums of.

For example, if a metal band came out with the name Metallica, well, that would cause a problem, as it would lead to confusion in the general public. However if a folk band came out with the name Metallica, people would be less inclined to think that they are the same band.

Then if you guys were a band, say in the US, whom shared the same name as a band in say Australia (which despite OP's suggestion, isn't ****), and the Australian band only had a fanbase in Australia, whilst your fan base extended around Arizona, there would be little confusion as to which band the audience was seeing.
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#8
Geographic markets matters. Style of music does not.

From the copyright thread linked above:
Similarly, the Raconteurs work as the Saboteurs in Australia. http://www.nme.com/news/the-raconteurs/22744 Note that the two bands aren't even in the same genre, but are still providing musical entertainment, so there is a problem. Kinda like you could open a bowling alley and call it McDonald's, but you can't open a restaurant and call it McDonald's.... even if it is an up-scale vegan restaurant. It's still a restaurant.

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.
Last edited by axemanchris at Feb 12, 2009,
#9
Very good.

I was just going off my general knowledge of Consumer Law in Australia.
And no, Guitar Hero will not help. Even on expert. Really.
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#10
well, my band tried out a few band names. First was "moose", which turned out to be an old british techno band that broke up a while back. Then we tried "the accidents" which turned out to be a punk band in sweden. its better to pick a name you know for sure isnt in use by a signed band lol