#1
Pit-

I have been receiving emails on my bands MySpace from a guy in Utah (we are based in Missouri) saying that he has trademarked the same name as our band and that we need to change it. I can not find any evidence to support or invalidate his claim, so I was wondering if any of you had experience with this in the past.

I have found that band names are NOT trademarkable, so my reasoning is that they wouldn't be considered an infringement if they aren't protected. I also know that there are countless bands that have used copyrighted or trademarked names/logos (The Devil Wears Prada, The Haunting, etc. )

Any help/advice would be great. Thanks.
"Love doesn't exist and I'm not picking on love, because I don't think friendship exists either"


GEAR:
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#3
Go to the band leading forum, it has a sticky on Trademark infringement and band names.
#5
As long as you are moderately famous in your area, YOU have the right to the band name in your area.
Quote by MakinLattes
dwelling on past mishaps is for the weak. you must stride into the future, unabashed and prepared to fuck up yet again.
#6
Quote by darkcheef
Go to the band leading forum, it has a sticky on Trademark infringement and band names.


Thank you. I will look into it.
"Love doesn't exist and I'm not picking on love, because I don't think friendship exists either"


GEAR:
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#7
Well, we have been playing together over a year and the vocalist has been using the name for about 2.5 years and this guy only filed for the trademark in August of this year... but he does have one for the name.
"Love doesn't exist and I'm not picking on love, because I don't think friendship exists either"


GEAR:
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#8
I think the law of brand names is you can't have 2 identical band names on the same product group within the same geographical area. If he is gigging within your area then you'll probably have to give it up.

for example Raconteurs are raconteurs outside Australia, but have to be Saboteurs in Oz because there is a band there with the name trademarked for Oz only.

In terms of Devil wears Prada etc. That is allowable as the book/film are a different product area than the band so there is likely to be little confusion.

EDIT: if it goes to anything legal it pretty much comes down to who has the best lawyer, but your defence would likely be "there is little possibility of confusion given the geographical separation" or some equivalent
Last edited by doive at Nov 11, 2009,
#9
Quote by darkcheef
Go to the band leading forum, it has a sticky on Trademark infringement and band names.



where is this forum?
"Love doesn't exist and I'm not picking on love, because I don't think friendship exists either"


GEAR:
Caparison PLM-3
ESP/LTD Viper 400
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Soldano SLO 50w clone
#12
Quote by doive
I think the law of brand names is you can't have 2 identical band names on the same product group within the same geographical area. If he is gigging within your area then you'll probably have to give it up.

for example Raconteurs are raconteurs outside Australia, but have to be Saboteurs in Oz because there is a band there with the name trademarked for Oz only.

In terms of Devil wears Prada etc. That is allowable as the book/film are a different product area than the band so there is likely to be little confusion.

EDIT: if it goes to anything legal it pretty much comes down to who has the best lawyer, but your defence would likely be "there is little possibility of confusion given the geographical separation" or some equivalent



well he isnt even a band. He just owns a t-shirt company with the same name as our Band.
"Love doesn't exist and I'm not picking on love, because I don't think friendship exists either"


GEAR:
Caparison PLM-3
ESP/LTD Viper 400
Gretch A/E G3700
Soldano SLO 50w clone
#13
Quote by dandy4
well he isnt even a band. He just owns a t-shirt company with the same name as our Band.

Then I'm pretty sure he can't do anything to you.
Chinese Democracy is a great album, people need to get over Slash.

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#14
Quote by dandy4
well he isnt even a band. He just owns a t-shirt company with the same name as our Band.


In that case, don't even give it a second thought. Unless of course you want to keep pestering him with hilarious comments.
Quote by MakinLattes
dwelling on past mishaps is for the weak. you must stride into the future, unabashed and prepared to fuck up yet again.