#1
Curious question here,
Let's say you have a pop band with a certain name and after already establishing a small following you find that another band (maybe a different genre) has the exact same name?

What do you do to legally protect yourself?
Is this a dangerous thing?
#4
If the name is not original, it is not good enough. Change it.

Or add a '182' at the end of it


DISCLAIMER: I have NOT studied contract law recently to where I remember it as well, nor taken and passed REG yet, so do not take any of this post to be legal advice.

But really - even if you guys were to have the name first - if they were to be signed by a label and copyright it, that'd be grounds to sue you for at least a cease & desist IIRC. Though this is only really likely if one or both of your bands were to get big enough to matter for legal action (you can go on metal-archives.com and type in any morbid sounding word and find 10,000 different bands with releases, with the same name).


It's best to just change it to be on the safe side. What's your band's name? We'll help yall out with a better one lol
.
Last edited by Fat Lard at Mar 11, 2015,
#5
Get an official copyright done naoh. Trademark that shit, yo.

Or add arbitrary numbers to the end of it like a noob.
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#6
Yeah you need to be careful about that. You wouldn't believe how pissed I was when I found out my band Michael Jackson had to change our name for legal reasons.
Check out my band Disturbed
#7
X tagged Japan to the end of their name because there was already an American band called X, frankly I think that American X should have changed their name to X America, because X Japan already had this awesome calling card, but you know, laws and shit.

https://www.youtube.com/watch?v=s8dQe-c5Q8E
Cry yourself to ash
#8
Quote by tonyd927
Curious question here,
Let's say you have a pop band with a certain name and after already establishing a small following you find that another band (maybe a different genre) has the exact same name?
That wasn't a question.

What do you do to legally protect yourself?
Is this a dangerous thing?
These are questions.

Thank you. Goodbye.

Yeah, I don't actually know. But I see it in the iTunes store all the time. They usually just rate the other not-well known band incredibly badly for not being the popular band that had the same name. It's pretty funny, actually.
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#9
From what I know, the laws about it say bands can have the same name as long as they aren't interfering with each other or some such. So as long as one of the bands doesn't become relatively big it isn't a problem.

Even so, anyone picking a band name should research it first to make sure someone else isn't using it.
I have nothing important to say
#10
Quote by Vampire_State
X tagged Japan to the end of their name because there was already an American band called X, frankly I think that American X should have changed their name to X America, because X Japan already had this awesome calling card, but you know, laws and shit.

https://www.youtube.com/watch?v=s8dQe-c5Q8E

I actually liked that quite a bit.

Vocals kinda suck, but musically it's pretty tight, actually.
#14
Kinda reminds me of Pantera before Cowboys from Hell. I am curious how they got the hair to do that, though!
#15
there's a local hardcore band here that shares a name with a bad 90's R&B group.

it was really annoying when i was still using Last.fm and it'd start playing the wrong thing every time.
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#16
Quote by Vampire_State
X tagged Japan to the end of their name because there was already an American band called X, frankly I think that American X should have changed their name to X America, because X Japan already had this awesome calling card, but you know, laws and shit.

https://www.youtube.com/watch?v=s8dQe-c5Q8E

the american band X is better tho

https://www.youtube.com/watch?v=-kwQHVOTRVY
banned
#17
Quote by deadsmileyface
the american band X is better tho



and predate that Japanese band.

would you hate me if i told you i missed a chance to see X at Riot Fest Philly because i didn't want to lose my spot up front for Descendents?
mugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmug
#19
Quote by Vampire_State
Also Toshi has a great voice, but that was the last song of a 3 hour long set, and it's also in Japanese.

Not gonna lie, even as a huge X Japan fan Toshi's voice sometimes grates on me... It's just really nasal and I sometimes feel like someone else could've sung the ballads better. It wouldn't be the same, though, so The hair and Pata's casual '54 and '59 Les Pauls are the real stars anyway.

On topic, anyway, the J-rock band VAMPS can cause some confusion with the relatively recent boyband The Vamps when I talk about the former. I guess all you need is an extra definite article.
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Last edited by K33nbl4d3 at Mar 11, 2015,
#20
Quote by EndTheRapture51
Add some punctuation at the end so it's different

Yeah, my band Attack Attack? does this.
Free Ali
#22
Quote by K33nbl4d3
Not gonna lie, even as a huge X Japan fan Toshi's voice sometimes grates on me... It's just really nasal and I sometimes feel like someone else could've sung the ballads better. It wouldn't be the same, though, so The hair and Pata's casual '54 and '59 Les Pauls are the real stars anyway



His voice may be an acquired taste, I dunno.

And nah, man. All hide's Fernandes Mockingbirds.
Cry yourself to ash
#23
Wow you guys are great!

ok the name I was thinking of using was "Traces"
here's my soundcloud:

Soundcloud

I used the name "Traces" because it's a name of a song I wrote about 6 years ago for a best friend who was killed by a drunk driver. It's got a lot of meaning to me and I wanted a good name that had some depth to it..

Can you guys think of anything a little more creative or better to change it to?


There's a local band from CA that has the same name so I didn't want to tread on this dangerous path.
Thanks everyone! you guys rule
Last edited by tonyd927 at Mar 12, 2015,
#25
This situation actually with a band called Daylight. They had a pretty big following and then another band by the same name, which actually had a really small following, happened to obtained the rights to the name earlier. So the band with the bigger following had to change their name and are now called Superheaven.

They even had to change their previous released album cover a bit:

1st Cover

2nd Cover
#26
makes sense daylight would chose a name that's already been done since they just rip off 90s alt bands left and right
i don't know why i feel so dry
#28
Quote by Eastwinn
makes sense daylight would chose a name that's already been done since they just rip off 90s alt bands left and right


dude I know those feels. Everyone I know is obsessed with them and I don't get it. I saw them live one time as a headliner and after like two songs I was just done
#29
i was in a shitty ska band for a little while and the guys who started it picked a name almost identical to an established and fairly well-known ska band.

of course they were so clueless and had such shitty music taste, they'd never heard of them and didn't think it was a problem when i suggested coming up with a new name that didn't suck.
mugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmug
#30
i have jar actually, i can't finish it.

it's not that i really have a problem with rip offs, but daylight picks the most banal aspects to rip off.
i don't know why i feel so dry
#32
Quote by tonyd927
Curious question here,
Let's say you have a pop band with a certain name and after already establishing a small following you find that another band (maybe a different genre) has the exact same name?

What do you do to legally protect yourself?
Is this a dangerous thing?

http://www.legalzoom.com/legal-copyrights/copyrights-overview.html

It'll cost upwards from 110 bucks, but you can copyright your music and band and shit here.

Trade mark shit here:
http://www.legalzoom.com/trademarks/trademarks-overview.html

And here's where you can search US copyright records to see if a names taken or not in the future:
http://www.copyright.gov/records/

If you share a name with a band, it'd be best to copyright it before they do, if they haven't already.
Last edited by stratkat at Mar 12, 2015,
#33
Quote by stratkat
http://www.legalzoom.com/legal-copyrights/copyrights-overview.html

It'll cost upwards from 110 bucks, but you can copyright your music and band and shit here.

Trade mark shit here:
http://www.legalzoom.com/trademarks/trademarks-overview.html

And here's where you can search US copyright records to see if a names taken or not in the future:
http://www.copyright.gov/records/

If you share a name with a band, it'd be best to copyright it before they do, if they haven't already.


Looks like they don't have it? (if Im using the copyright sight correctly)