#1
Some asshole recently messaged a member of the band that I am in, basically demanding that we change our name because they purchased a copyright for it on this site:

www.bandname.com

We don't feel that we should have to change our name because, for one, our band formed well over a year ago. This other band has been together for no more than 3 months. Also, I don't believe that this site is a legitimate way to obtain a copyright. Can anyone tell me if this site is bogus?
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#4


What gives them any right to say somebody owns a band name. It's not like they as a company own EVERY band name and can put them on sale. Anyone who registers with them is an absolute retard. It's a cash scam.
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#5
Find the guy and sac him really hard.
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#7
...you can't copyright a band name, you can trademark one, but not copyright *or so I read on that site last time I read it*

do you have music? have you played gigs? have you made money off of the band name? if so, they probably have to change their name. Point out that the site http://www.bandname.com points out that they're supposed to do a very in depth search to make sure nobody has that band name, they obviously didn't follow the sites guidelines.

EDIT: gah..wrong site, there's a site somewhere on this forum that explains band names pretty well. but still, they should have done a search before they picked the name
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#8
The only way to keep your band name is to register it with the musicians union as far as I know...but I could be wrong
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#9
"Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. "

From: http://www.copyright.gov/help/faq/faq-protect.html#title
#10
what is the name anyway?

*planning to steal bandname*
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#12
all that site does is register the name to prove you've called yourself that. they don't sell copyrights, or even trademarks for that matter. the guy's an idiot.
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#13
Quote by whatamidoinhere
The only way to keep your band name is to register it with the musicians union as far as I know...but I could be wrong


Exactly what this person said. You can't copyright a band name you can only register it as a trademark.

This is a link to the Musicians Union Advice / FAQ's page which directly deals with this.

http://www.musiciansunion.org.uk/html/advice_faqs_13.html
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#15
Quote by SOADFanSince'98
Some asshole recently messaged a member of the band that I am in, basically demanding that we change our name because they purchased a copyright for it on this site:

www.bandname.com

We don't feel that we should have to change our name because, for one, our band formed well over a year ago. This other band has been together for no more than 3 months. Also, I don't believe that this site is a legitimate way to obtain a copyright. Can anyone tell me if this site is bogus?


Well, see, like a few posters mentioned--the site is not legally binding. However, what was not mentioned was the fact that it does not even pretend to offer any sort of legal service. It is simply a registry. They keep records of when people registered a name so that if a legal issue does arise they can say "so and so registered this band name of x date, which is before or after so and so.:

It literally says, "establish prior usage." Obvously they registered before you. However, if it is true that you have been together for 4 times longer then my recommendation is to trademark the name just so that they have to change it and can never (well not NEVER never, but for a few decades) use it.

Although to be honest, basically what is going on is them having just got a reciept for existance. If you have a reciept for a gig, or have a locale where you have gigged that is willing to write you one for a prior date, then you win. You have established prior usage.