#1
Hey guys, I just got an email about this guy in Texas who says that he has the same band name as us, Red Federation. Anyways, he said he bought the name at a place called bandname.com. He hasn't shown me any proof of that so far. He has a band of 16 year old Greenday wannabes. It's kind of pissing me off. Anyways, anyone want to shed some light on this. Any experience in this area?
Quote by JD Close
Piano dick had some good parts, but should have said "As the business man slowly gets boned", would have accented the whole dick feeling of the album
#2
More like Copywrongs, amirite?
Also, ignore the kid.
But boys will be boys and girls have those eyes
that'll cut you to ribbons, sometimes
and all you can do is just wait by the moon
and bleed if it's what she says you ought to do
#4
When did you establish your band name publicly? When did his band do that? Where do you do business?

Also: https://www.ultimate-guitar.com/forum/showpost.php?p=18363589&postcount=30
^^The above is a Cryptic Metaphor^^


"To know the truth of history is to realize its ultimate myth and its inevitable ambiguity." Everything is made up and the facts don't matter.


MUSIC THEORY LINK
Last edited by rockingamer2 at Mar 16, 2013,
#5
Don't get mixed up with trademarks and copyrights. A trademark is a badge of origin whilst a copyright is just a way of stopping others from copying your work or substantially reproducing the work that you created. In the context that you described, this other person is talking about a trademark. If this band has indeed registered a trademark for that name, you better be careful or they can take legal action against you. If they don't have the name registered, there's nothing they can really do.

I'm an IP Lawyer. Feel free to PM me with any questions.
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#6
They have only been together for a couple months. The have one recording (pretty bad). My band has been together for a year and a half, gigged, recorded, and made money.
His exact words are: "Hi guys, it seems that we have the same band name, and just so we don't run into any legal issues down the road could you please change it? We have proof of purchase of copyright and would like to keep it that way." His "proof" is a sentence on his "band webpage" saying they bought the name last month on bandname.com.
So I should just ignore it?
Quote by JD Close
Piano dick had some good parts, but should have said "As the business man slowly gets boned", would have accented the whole dick feeling of the album
#7
Quote by Most_Triumphant

So I should just ignore it?

Tell them that you're a Nigerian Prince.
They seem the type.
But boys will be boys and girls have those eyes
that'll cut you to ribbons, sometimes
and all you can do is just wait by the moon
and bleed if it's what she says you ought to do
#8
Quote by Most_Triumphant
Hey guys, I just got an email about this guy in Texas who says that he has the same band name as us, Red Federation. Anyways, he said he bought the name at a place called bandname.com. He hasn't shown me any proof of that so far. He has a band of 16 year old Greenday wannabes. It's kind of pissing me off. Anyways, anyone want to shed some light on this. Any experience in this area?


I just checked this out. Not legit (no shit).

It doesn't register the name as a trademark, just to put it on a list called the "Worldwide Band and Artist Directory", which when googled brings you to bandname.com

That guy got ripped off so bad. He has nothing over you.

Also, it's possible to have bands with the same name (ie The Loves Ones, Subhumans). And in your case if neither of you have record out, label contract or a trademark, neither one of you can claim exclusive usage over the band name whatsoever.

So tell this guy to

EDIT:
Quote by Most_Triumphant
They have only been together for a couple months. The have one recording (pretty bad). My band has been together for a year and a half, gigged, recorded, and made money.
His exact words are: "Hi guys, it seems that we have the same band name, and just so we don't run into any legal issues down the road could you please change it? We have proof of purchase of copyright and would like to keep it that way." His "proof" is a sentence on his "band webpage" saying they bought the name last month on bandname.com.
So I should just ignore it?


Yes, that guy has nothing over you. Ignore it entirely... he has no legal standing either
Sunn O))):
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Last edited by Simsimius at Mar 16, 2013,
#9
Seriously, just ignore him. I'd almost think he got ripped off and bragging about it to everyone with the same band name. Almost. Not sure how legit a site called "bandname.com" is.

That's just silly.

Chances are, neither of you have skyrocketed your reputation anyways, so tell him to quit caring so much until one of you are millionaires.
There's nothing left here to be saved
Just barreling dogs and barking trains
Another year lost to the blue line
#10
Alright guys! Thanks, I was just double checking what I had already figured/assumed. Didn't really want to get sued.
Quote by JD Close
Piano dick had some good parts, but should have said "As the business man slowly gets boned", would have accented the whole dick feeling of the album
#11
Quote by Most_Triumphant
They have only been together for a couple months. The have one recording (pretty bad). My band has been together for a year and a half, gigged, recorded, and made money.
His exact words are: "Hi guys, it seems that we have the same band name, and just so we don't run into any legal issues down the road could you please change it? We have proof of purchase of copyright and would like to keep it that way." His "proof" is a sentence on his "band webpage" saying they bought the name last month on bandname.com.
So I should just ignore it?


I'm not familiar with US IP Laws but if I'm right, the US doesn't really have a formal Copyright Registration system save for really well-known pieces of copyright works. The fact is - if this other person has no registered trademark, you can do what you like (unless someone has the band name registered as a trademark for music-related services). If I were you, I'd register a trademark for your name.

Copyright is an automatic right that stops other people from copying your work, usually in relation to literary dramatic or musical work. Its only qualification is that it's original in the sense that you personally created it and that it has been recorded in some way - through a recording, for example. It is not a badge of origin so people can still use the alleged "copyright band name". In order to protect someone else from using the exact band name, a registered trademark name is needed which you need to pay a governmental fee for. You do not pay for a copyright but you pay a fee for a registered trademark.

Again, if this other person has no registered trademark in this name, you're safe (unless someone has the band name registered as a trademark for music-related services).. You can check the US register here on a database on all trademarks (see below). Trademarks are classed in 45 different classes - classes 1-34 cover products and Classes 36-45 cover services. Note that a trademark in a musical band name will often be classed in Class 41 (education and leisure activities):

http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=4001:dx1j71.1.1
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(¸.•´ (¸.•´ .•´(´¸.•¤´`¤下自己的秘密請在嗶一聲之後對話筒沾自喜請在嗶一聲之後對空氣唉聲嘆氣


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Last edited by Harmonius at Mar 16, 2013,
#12
It seems like he doesn't know much of anything about copyright and trademark. Since you have established yourselves, you have nothing to worry about.

You could respond with the information Harmonious explained and see what happens. And be sure to post his response.
^^The above is a Cryptic Metaphor^^


"To know the truth of history is to realize its ultimate myth and its inevitable ambiguity." Everything is made up and the facts don't matter.


MUSIC THEORY LINK
#13
Quote by rockingamer2
It seems like he doesn't know much of anything about copyright and trademark. Since you have established yourselves, you have nothing to worry about.

You could respond with the information Harmonious explained and see what happens. And be sure to post his response.


I just did. No response yet.
Quote by JD Close
Piano dick had some good parts, but should have said "As the business man slowly gets boned", would have accented the whole dick feeling of the album
#14
Quote by metaldud536
Send him an email saying the same thing but change the website name.

Post results here.


YES! +1

Q#m
e|--6--|
B|--5--|
G|--7--|
D|--7--|x2586
A|--5--|
E|-----|


Play until she breaks up with you.

The most brutal band to ever exist is...

You should go like them...even if you don't like them.


-Sloppyjoe24
#15
This kid is pathetic. He payed $15 for the "more information on the FAQs" and he thinks he has legal right. I told him about the difference between copyright and trademark, he then said he was going to patent it. Then he asked about Greenday. It's confirmed this kid has the IQ of a drugged lima bean.
Quote by JD Close
Piano dick had some good parts, but should have said "As the business man slowly gets boned", would have accented the whole dick feeling of the album
#16
Now he is trying to convince me that he's going to trademark the name. He's been playing with the guys for over a year and they changed their name. He just dropped a "XD"
Quote by JD Close
Piano dick had some good parts, but should have said "As the business man slowly gets boned", would have accented the whole dick feeling of the album
#17
Ask him if his Mum's hot.
But boys will be boys and girls have those eyes
that'll cut you to ribbons, sometimes
and all you can do is just wait by the moon
and bleed if it's what she says you ought to do
#18
Quote by Most_Triumphant
This kid is pathetic. He payed $15 for the "more information on the FAQs" and he thinks he has legal right. I told him about the difference between copyright and trademark, he then said he was going to patent it. Then he asked about Greenday. It's confirmed this kid has the IQ of a drugged lima bean.

Oh, that's just fvcking rich. A quick Wikipedia-ing of "patents" would tell him how full of shit that idea is, if all the big words didn't addle his poor brain.
Quote by Most_Triumphant
Now he is trying to convince me that he's going to trademark the name. He's been playing with the guys for over a year and they changed their name. He just dropped a "XD"

"XD" = confirmed teenager. Be nice; he'll grow out of the stupid.
E:
Quote by Hydra150
Ask him if his Mum's hot.

I'm starting to think this is the most constructive thing you can do. At least there's a chance you'll be set up with a milf.
Last edited by Cavalcade at Mar 16, 2013,
#19
Well apparently he's about my age (16). His grammar is egregious.
Quote by JD Close
Piano dick had some good parts, but should have said "As the business man slowly gets boned", would have accented the whole dick feeling of the album
#20
I asked him how he named the band: "we wanted to change Finding Juliet, and then it literally took us 4 hours to come up with blue federation and like some surfy type name idk but Ben doesn't like blue and Austin didn't like The left and Righteous so it came to red federation and some chick asked us if we were from the south.... *face palm*"
My response: "We named ourselves Red Federation as an ode to Rush's "2112's Federation of the Red Sun." We thought it was a perfect example of what is going on in the world today politically, metaphysically, and popularly."
His response: Interesting haha and we just wanted a name we could agree on
Cuz I literally told Austin to stop being douchey hahah"
My response: Yeah, I have to tell the other guitarist to lay off the heroin or he get's unruly."
Quote by JD Close
Piano dick had some good parts, but should have said "As the business man slowly gets boned", would have accented the whole dick feeling of the album
#21
This is great!
Quote by strat0blaster
This is terrible advice. Even worse than the useless dry, sarcastic comment I made.

Quote by Cathbard
I'm too old for the Jim Morrison look now. When I was gigging I had a fine arse.
#22
What should I ask him next? The mom one?
Quote by JD Close
Piano dick had some good parts, but should have said "As the business man slowly gets boned", would have accented the whole dick feeling of the album
#23
That would be interesting.

Tell him you've contacted a lawyer and are going to take him to court and slap him with a cease and desist order.
Quote by strat0blaster
This is terrible advice. Even worse than the useless dry, sarcastic comment I made.

Quote by Cathbard
I'm too old for the Jim Morrison look now. When I was gigging I had a fine arse.
#24
He still hasn't replied to my heroin guitarist bit.
Quote by JD Close
Piano dick had some good parts, but should have said "As the business man slowly gets boned", would have accented the whole dick feeling of the album
#25
Ask him if he expects anyone to take him seriously with the way he communicating with you. It's like he thinks you guys went to high school together. XD
^^The above is a Cryptic Metaphor^^


"To know the truth of history is to realize its ultimate myth and its inevitable ambiguity." Everything is made up and the facts don't matter.


MUSIC THEORY LINK
#26
Even if he has legally got any claim to it (which I doubt he has) it won't matter in the slightest until one or both of you is well known, and that is extremely likely to ever happen.
#27
Tell him red federation is a ode to mother Russia and if he doesn't stop bugging you you will put a hit out with the underground and he will be murdered at his next gig. Clearly a much better response than a rush inspired name.
#29
Quote by fudger
Tell him red federation is a ode to mother Russia and if he doesn't stop bugging you you will put a hit out with the underground and he will be murdered at his next gig. Clearly a much better response than a rush inspired name.

Do this TS