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#2
first of all, dont swear on title.. swear it those kids

and if they say to pi55 off, beat em up.. total agressive!! lol..
#4
Nothing? If they complain tell them to change their own name.

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#5
I think it's whoever is bigger has the right of way. But it shouldn't matter too much if you both are really far apart, if not though, email them or just get really big really quick
#6
well u got way more hits then them and seen better established so i say you keep the name until the other band comes to you to ask you to change your name, then you can try to convince them to change their name
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#7
you make infinitely better music, ergo you deserve the name more.
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#8
we shred all over them, and have been together longer, but they have had myspace longer.

they sound like a kids band.


we currently have to big a local following to change our name.

what the hell do i do?

Grow up for a start.

You have a name that isn't all that original, and you say that you've searched for it before, even though they've had myspace longer than you.

You have a "local" following? Can't be that big. Just come up with something original that'll stick in people's heads. Get as many as you can to spread the word of your name change.
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#9
the band which has the same name as urs sucks ass..so keep ur name and if they tell u to change urs tell them to shut up and slit their wrists..
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#11
Quote by J.A.M
Grow up for a start.

You have a name that isn't all that original, and you say that you've searched for it before, even though they've had myspace longer than you.

You have a "local" following? Can't be that big. Just come up with something original that'll stick in people's heads. Get as many as you can to spread the word of your name change.

Burn.
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#12
Geez.... this keeps coming up over and over again, doesn't it.

Band names - the legal: Bands, like any other business or service, CAN share a name, depending on certain factors. Generally the way it works is this: No two businesses that offer the same or similar product or service can have the same name in the same market. What does that mean, exactly? If I own Bob's Card and Gifts in London England, and find out there is another Bob's Card and Gift in New York, that's okay. We're offering the same product/service, but we are hardly competing in the same market. It's not like anyone is going to get us confused. In fact, since the market for a card and gift shop is generally a community market, or at least a local market, you could have a Bob's Card and Gift in pretty well every city and town. People don't tend to go to the next town to buy birthday cards.

Now... I can NOT open up a restaurant and call it McDonald's. McDonald's has successfully managed to expand their market to a point where they are global. No matter where you are, if you are a restaurant called McDonald's, there is another McDonald's already offering that product/service in that area. Funny, too, that you really start tempting trouble if you were to call yourself anything really close to that either. I wouldn't use MacDonald's, McDoonalds, etc.

So..... your situation. One band is in Australlia and the other is in Florida. You're offering a similar product/service (musical entertainment), yes, but not at all in the same market. At least not yet. It's not like someone out there is going to confuse the two bands and buy the wrong product. :lol: You're half a planet away! If, at some point, one band gets big enough and starts to do business in the other band's market, then one band will have to change their name. (Bush had to operate as Bush X, but only in North America IIRC... there was no other confusion in any other market)

Generally what happens then is that one will buy the other out for rights to the name, or like Bush/BushX will change their name to work in that new, previously un-tapped market.

Also, the Raconteurs work as the Saboteurs in one market, but I can't remember where. Same reason.

It doesn't matter who is better as far as who uses the name. It doesn't matter who had it first either.

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.
Last edited by axemanchris at Jul 21, 2008,
#13
okay, thanks for the help.

i thought about it a bit more, and i cant see it causeing any real problems any time soon.

they arnt really going anywhere, and are on the otherside of the world.


to the people bashing the name.... we like the name. we'll keep it.


and about the local following..... yeh, i admit were not huge, but we are one of the bigger known bands in coffs harbour and its surrounding towns. we have plenty of fans, and a good reputation, which is good compared to alot of the other bands who always recieve **** from everyone for doing something they dont like.

so thanks, guys.
#15
Quote by axemanchris
Geez.... this keeps coming up over and over again, doesn't it.

Band names - the legal: Bands, like any other business or service, CAN share a name, depending on certain factors. Generally the way it works is this: No two businesses that offer the same or similar product or service can have the same name in the same market. What does that mean, exactly? If I own Bob's Card and Gifts in London England, and find out there is another Bob's Card and Gift in New York, that's okay. We're offering the same product/service, but we are hardly competing in the same market. It's not like anyone is going to get us confused. In fact, since the market for a card and gift shop is generally a community market, or at least a local market, you could have a Bob's Card and Gift in pretty well every city and town. People don't tend to go to the next town to buy birthday cards.

Now... I can NOT open up a restaurant and call it McDonald's. McDonald's has successfully managed to expand their market to a point where they are global. No matter where you are, if you are a restaurant called McDonald's, there is another McDonald's already offering that product/service in that area. Funny, too, that you really start tempting trouble if you were to call yourself anything really close to that either. I wouldn't use MacDonald's, McDoonalds, etc.

So..... your situation. One band is in Australlia and the other is in Florida. You're offering a similar product/service (musical entertainment), yes, but not at all in the same market. At least not yet. It's not like someone out there is going to confuse the two bands and buy the wrong product. :lol: You're half a planet away! If, at some point, one band gets big enough and starts to do business in the other band's market, then one band will have to change their name. (Bush had to operate as Bush X, but only in North America IIRC... there was no other confusion in any other market)

Generally what happens then is that one will buy the other out for rights to the name, or like Bush/BushX will change their name to work in that new, previously un-tapped market.

Also, the Raconteurs work as the Saboteurs in one market, but I can't remember where. Same reason.

It doesn't matter who is better as far as who uses the name. It doesn't matter who had it first either.

CT


wow, thanks a heap. deffinately someone who knows what theyre talking about
#16
No prob. :-)

Actually, as it turns out, it is Australia where the Raconteurs are known as the Saboteurs. Here is a very short article:

http://www.nme.com/news/the-raconteurs/22744

Note that the two bands aren't even in the same genre, but are still providing musical entertainment, so there is a problem. Kinda like you could open a bowling alley and call it McDonald's, but you can't open a restaurant and call it McDonald's.... even if it is an up-scale vegan restaurant. It's still a restaurant.

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.
#17
Request them to stop copying you with a "Please".

You can stumble upon these names as my friend had a band called "Appointment with Death" and even had it when there was already a band with the same name. They didn't do anything as they were not here! :P
#18
we had that problem
contact them and discuss and try to work something out
if that dont work,just change your name,thats what we did
My name is Vikki. Use it

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#19
I've had the same problem, I contacted the first band who did it, and they just ended up being a bunch of immature teenagers who ended up sending us vulgar, racist replies, and ended up stealing our logo to use as their own. So I figured by that point a band with that kind of attitude was not going very far.
#21
If you really like the name, keep it...whoever actually gains notoriety beyond a local level, like legal contracts in that name kind of notoriety, would get a better claim to it.

If it really bothers you, come up with a new name.

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#22
If you're really worried, incorporate the band, get the name registered/trademarked, etc.

Doesn't matter who had the name first, it matters who has legal claim to the name.

Iron Maiden had this problem when they started. Once they heard from the other band, they (Steve Harris, really) ran out the next day and laid legal claim to the name.
#24
get it copywrited.
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#25
Quote by windmill0466
The rule for this, I think, is that the first band to get signed, gets the rights to the name.

,,,,,,!


Nope. It doesn't matter if both, one, the other, or neither of you are signed. See page one for full explanation.

^ You can't copyright a band name. You can register it as a business, which allows you to prove that you are offering a product or service in a certain market, but doesn't really do much else as far as someone else using the same name. Now, you can *trademark* a name, but that is a whole other kettle of fish in terms of red tape and monetary cost. A trademark is usually done to protect a logo or something. Think of McDonald's golden arches 'M' for instance, or the Nike swoosh. You don't copyright a logo. You register it as a trademark.

http://www.registeringatrademark.com/trademark-law-basics.shtml
...apparently takes about a year and costs about $1500....

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.
Last edited by axemanchris at Jul 23, 2008,
#26
As long as you're not playing on each other's turf or interfering with each other in any way business wise (say for instance someone rings you up wanting a gig, but they actualy meant to book the other band) it doesn't really matter. But if one band starts becoming nationaly well known, then the other should change their name, even if they've had it longer than them.
As an extreme example, imagine that someone was in a pre-60s band called The Rolling Stones and actualy still had a perfectly legal right to call themselves that, what good would it do them? If a crowd turn up to a gig expecting to see The Rolling Stones but it's someone else who just happens to be calling themselves The Rolling Stones, they ain't gonna be too popular.
#27
Quote by Explicit User
get it copywrited.


this.

In australia it's something like 100-150 bucks to copyright something like a band name (i'm not exactly sure, i think it's for 3 years though).

Either that or get signed already...or change the name to 'Had as a Matter' or something
#28
@goony.... guess you didn't read my post about 6 inches above, no?

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.
#31
Seems to me like your band has the potential to go further in the music business, and those whiney little brats who have nothing better to do than to berate you just because you have the same name are going nowhere fast. Since neither of you are signed to a label, you should keep the name, and when you eventually do get signed, send a cease and desist letter to them to have them change their name, as you will hold the rights to it.
Question not yourself. Challenge those who would deny you your true self for an independent thinker is the greatest enemy to those who seek to control you
#32
Quote by Helloween_rox
Since neither of you are signed to a label, you should keep the name, and when you eventually do get signed, send a cease and desist letter to them to have them change their name, as you will hold the rights to it.


Does nobody f-ing read?

IT DOESN'T MATTER IF YOU OR THEY ARE SIGNED OR NOT. YOU HOLD THE RIGHTS TO IT AUTOMATICALLY BY BEING ABLE TO PROVE YOU ARE OPERATING AS A BUSINESS PROVIDING A PRODUCT OR SERVICE IN A CERTAIN MARKET. They will NOT need to cease and desist.

Now, if you get signed (or even if you don't) and intend to offer the same product or service in the area they are already offering their product service in under that name, then you can't use it. They had it first - IN THAT MARKET!! They will NOT need to cease and desist.

In that case, you either need to buy their willingness to change their name. (everybody has a price, but it might cost you huge money) Alternately, you have to work in that market under a different name. See my example of Raconteurs/Saboteurs only a few posts above.

Sheesh.

BTW... you don't need to be a hugely successful business to prove that you are doing business in a certain market. Do you have product for sale? Are you gigging? Can you prove that? Then you are doing business in that market. Can they prove that they are doing business similarly in their market? Then they are doing business in that market.

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.
#33
Here is a corporate example....

There was a little independent bookstore in a small town in Ontario called Chapter's. There was another much larger bookstore who started to become a small chain of bookstores in British Columbia called Chapters. (note the difference in spelling....) No problem. They're offering a similar product/service, yes, but in entirely different markets. Literally three time zones away.

What happened, though, is that the chain in British Columbia continued to expand. Eventually, they expanded not only into Ontario, but to a medium-sized city about 10 minutes away from the small-town Chapter's.

Now, we have two businesses offering the same product/service, with *almost* the same name, operating in the same market. Could one easily confuse Chapters with Chapter's? You bet. If someone asked you to go to Chapters and buy the latest Harry Potter book, would you know which of the two stores to go to? Nope. Now we have a problem.

The mega-chain Chapters, to make a long story short, could have been disallowed the opportunity to use the Chapters name in their new market, as the other Chapter's was there first. Ultimately, as I understand it, the smaller independent Chapter's in the small town was paid out handily enough by the much larger corporate chain Chapters that he pocketed the money, changed the name of his store, and kept going.

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.
#34
in this situation it isn't a big deal really. but the name is baaaaad anyway.
my name is matt. you can call me that if you like.
#36
Quote by herman ri2
Copyright it.


Oh, for Christ's sake....

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.
Last edited by axemanchris at Jul 23, 2008,
#37
If axemanchris goes insane, we'll know why.
Seriously, some people just seem unwilling to read more than the first post.
#38
Quote by axemanchris
@goony.... guess you didn't read my post about 6 inches above, no?

CT


Oops my bad . I guess OP will have to just build a reputation instead and get this sorted with an industry expert later on down the track when you get enough money.
#39
Quote by thevoidguitar1
If axemanchris goes insane, we'll know why.
Seriously, some people just seem unwilling to read more than the first post.


Of course, anyone BUT me comes in, reads the sequence of threads, especially those on the second page here, and really gets to enjoy the comedic value of the whole thing....

I reflected later on it and started to wonder if people were just screwin' with me.



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.
#40
Quote by axemanchris
Oh, for Christ's sake....

CT


axemanchris! don't raise your voice in the house!


Don't make me have to get the belt!
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