#1
Ok, so I was looking up copyright laws.. on www.copyright.gov it says that a name actually can't be copyrighted, but some may be protected under trademark laws. So does this mean that you could just.. take a bands name and there would be nothing they could legally do about it? (Not that we're going to lol) just curious about the topic. Lemme know what you guys know/think about this.
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#2
They might be able to sue still If the band is established. Say a band called "foo fighters" decided to release a single this would be seen as trying to make money from the original foo's name.
#3
Well how would a band be able to sue if.. assuming they have no copyright, they hold no legal binds to the name?
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#4
Trademark laws, an emphasis on the laws part.
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#5
It's called a service mark. There's a site called Band Name Registry that is part of that , but a real service mark will costs around $500. your best bet is to google and search all around for a band using that name. If nothing comes up, then start using it publically as soon as possible. It's usually on a first come first serve basis.
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#6
I think if they have a song copyrighted with that band name then they have evidence that its their name.
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#8
Well then if you have a different band name, then you probably should be fine.

Dragonforce's initial band name was Dragonheart, but due to copyright problems, they changed it to the name now.
#9
So I shouldn't have problems with 'Decade of Therion' (a Beh-e-moth song)?

edit- they bleeped the band title :S
#10
You can't copyright song titles. You can use other band names in your song title. No big deal.

AFAIK, (and I don't know anything about trademarking, really), your band name is a business name. No two businesses are allowed to have the same name if they offer a similar product in a similar market.

You can have McDonald's Hardware (as long as you don't use the golden arches logo), but not a McDonald's restaurant, as there surely is another McDonald's restaurant in your area who is selling food.

Similarly, you can have a Bob's corner store in Buffalo, and one in Albany, but because they're not offering a similar product/service in a similar area, then they're both fine.

You can have a band named Protocol in DesMoines, and one in Houston. That is... until one or the other can prove that they are offering a similar product in a similar area.

Case in point.... ages ago, there was a little bookstore called Chapter's in a small town in Ontario called Waterdown. (pop. then around 5 000) A few years later, a chain of bookstores called Chapters opened up. (note the very slight difference in spelling) Well.... that was no problem, because the Chapters chain at first didn't have any stores anywhere near the Chapter's in Waterdown. As Chapters continued to expand and opened up a store in Burlington (about a 10 min drive away from Waterdown), the Chapter's in Waterdown raised a complaint and I think conceded to change their name for an undisclosed price.

Chris
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#11
^ Another example is the Raconteurs (Jack White's new band) couldn't release their album under that name in Australia because there's already a band by that name in Australia.
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#12
^So you're saying that, if there's a band in.. Wisconsin.. and a band in.. Ontario with the same name.. yet neither or a big band.. it doesn't matter.. and whichever one hits it big first or copyrights a song keeps the name?
I step up to da mic. Bust a rhyme about my hoes, tippin' on fo' fo's.. and someone shoots me in the face. Because rap is stupid.

Quote by Laces Out Danny
YOU ARE the PIT!!!
#13
Well, usually you don't copyright a song to a band's name (what happens to the rights when the band breaks up?), but yeah, in a nutshell...
Hi, I'm Peter
#14
Quote by Trivium
^So you're saying that, if there's a band in.. Wisconsin.. and a band in.. Ontario with the same name.. yet neither or a big band.. it doesn't matter.. and whichever one hits it big first or copyrights a song keeps the name?


Yup.... because, really.... what are the odds of either of them making it big? About the same odds as Tom's Hardware becoming a national chain.... or Chapter's books....

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.