#1
Hey guys i was just wondering if anyone knew if it was legal to use the name of a game or video game or a flash web game as your band name? cause i played a flash game the other day and i really liked the title and i think it would make a great band name lol
#2
"Nah, my band Farmville is not related to that Facebook game... not at all..."


I guess you could get away with it if it was an obscure enough game. I'm not too sure of the legality of it but you may be able to use it under Fair Use?
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#3
Check to see if it's patented or not
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#4
If memory serves, pretty sure you're allowed to use the same name without violating copyright as long as it isn't the same medium?

To be on the safe side, I wouldn't go naming my band The Sims or anything.
#6
This has nothing to do with Fair Use (which governs the use of images, music, etc. wrt review, study, criticism, parody), patents (which refers to the design of objects, etc.) or copyright (which refers to creative works)

There are a couple of considerations here:

The general rule is that no two businesses or products can share the same name when they are competing in the same market. You could open up a Bob's Shoe Shine in London and another in New York and you'd be fine. Nobody is going to confuse the two.

However - and particularly if the game is trademarked (a process referring to product or business names and symbols/icons/logos) - and you want to name your band (a business supplying entertainment) after a video game (a product supplying entertainment), you might find yourself showing up on someone's radar who might complain.

Also, if there is a perception that you are aligning yourself with their product, you might also find yourself the subject of a complaint.

Now, if you chose a product at a greater distance than entertainment, it would probably become a little less of an issue. What if you wanted to call your band Crazy Glue, or Listerine, for instance? People would probably be less likely to associate the band with those products, even though they are being sold in your market. You might be okay. Of course, if they have their name trademarked, you could still be screwed, should they want to pursue it.

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#7
Just a note, before you answer a question like this, at least know the definitions:

"People occasionally confuse trade-marks with patents, industrial designs, copyrights, and integrated circuit topographies. Although all of these are forms of intellectual property, they differ as follows:

• a trade-mark is a word (or words), a design, or a combination of these, used to identify the goods or services of one person or organization and to distinguish these goods or services from those of others in the marketplace;

• a patent covers a new invention (process, machine, manufacture, composition of matter) and any new and useful improvement to an existing invention;

• an industrial design consists in the visual features of shape, configuration, pattern, or ornament (or any combination of these), applied to a finished manufactured article;

• a copyright provides protection for a literary, artistic, dramatic, or musical work (including a computer program), as well as three other subject matter, namely; performances, sound recordings, and communication signals; and

• an integrated circuit topography refers to the three-dimensional configurations of the electronic circuits in integrated circuit products or layout designs."

Source: A Guide to Trade-Marks, Canadian Intellectual Property Office
(may be different depending on jurisdiction)

The question is regarding a band name which could be considered a Trade Mark violation or covered under the business regulations in your jurisdiction assuming your band is operating as a business under a name.

If you are super concerned about it, consult an accounting or legal specialist.
Last edited by Quintex at Jun 5, 2010,
#9
If it's just some random flash game why not e-mail the creator and ask permission?
#10
Used to know a band called Lex Wilkinson's Death Grip. Now, in UK Lex Wilkinson is a big haulage company with loads of trucks on all the roads. Free advertising but no infringement as the trades were totally different.
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