Band Name Infringment?

radiorabies

radiorabies

New member
OK. Me and my brother write and record music under a pseudonym (which, for reasons at the moment, I won't say). Anyway, we set up a website (with domain) as well as registered our name on myspace etc. Then out of the blue, i recieved this e-mail:

"My name is **** with **** and we represent the band **** out of Slovakia, at this time we ask that you cease and desist any farther reference to you being **** as this is in direct conflict with the name of a band of the same name, ****!

We are also aware of your presence on myspace.com as well and ask that you also cease and desist further use of your www.myspace.com/***
page and delete this specific account; we have issues with your other www.myspace.com/**** page as well and will only allow you to continue
using this page IF YOU CHANGE ANY AND ALL REFERENCES TO **** in all content of that page including but not limited to changing the name ****, the band name of the song "**** Podcast" that is imbedded into your page and the page link labeled "*** WEBSITE" to your main website. Any further usage or reference to you being **** could result in legal action. Please see ****.net for information on the band and copyright notices."

Does this mean I have to change our name? Does the fact that I'm in the UK and this other band are from Slovakia make any difference? I think I read somewhere that I should be OK because of this... Also, didn't this happen to the band HIM from Finland?:

"The album also reached some US stores but HIM were not allowed to use their name for sales in the US because another American band owned the rights to that name. Therefore they changed their name to HER only for the US" - source: Wikipedia

Please can anybody give me some advice on this, I'd be really grateful...
 
radiorabies said:
OK. Me and my brother write and record music under a pseudonym (which, for reasons at the moment, I won't say). Anyway, we set up a website (with domain) as well as registered our name on myspace etc. Then out of the blue, i recieved this e-mail:

"My name is **** with **** and we represent the band **** out of Slovakia, at this time we ask that you cease and desist any farther reference to you being **** as this is in direct conflict with the name of a band of the same name, ****!

We are also aware of your presence on myspace.com as well and ask that you also cease and desist further use of your www.myspace.com/***
page and delete this specific account; we have issues with your other www.myspace.com/**** page as well and will only allow you to continue
using this page IF YOU CHANGE ANY AND ALL REFERENCES TO **** in all content of that page including but not limited to changing the name ****, the band name of the song "**** Podcast" that is imbedded into your page and the page link labeled "*** WEBSITE" to your main website. Any further usage or reference to you being **** could result in legal action. Please see ****.net for information on the band and copyright notices."

Does this mean I have to change our name? Does the fact that I'm in the UK and this other band are from Slovakia make any difference? I think I read somewhere that I should be OK because of this... Also, didn't this happen to the band HIM from Finland?:

"The album also reached some US stores but HIM were not allowed to use their name for sales in the US because another American band owned the rights to that name. Therefore they changed their name to HER only for the US" - source: Wikipedia

Please can anybody give me some advice on this, I'd be really grateful...
Click to expand...

I could give you general advise in the US, but I don't know about UK or EU. If they are actually threatening legal action, and the name is worth something to you, you should consult an attorney.

However if you own the domain name, you have a bit of leverage. Offer to sell it to them at a decent price.
 
After treating the issue like a matress, and sleeping on it. I've come to some conclusions. Please correct me if I'm wrong with these:

They cannot stop me calling myself **** in the UK as they have little to no following here so a mix up is highly unlikely. But the internet? That surely is a grey area isn't it? Because it's worldwide, it's different. AND it's the reason they came across me in the first place.

Even if you don't know any legal stuff, please give me advice on what you would do... Can they e-mail a cease and desist letter? Doesn't that have to be on paper?
 
You can:

(1) Ignore them
(2) Tell them to go and boil their heads
(3) er, that's it…

I think (1) might be the most productive - people just hate being ignored… I said, people just hate being ignored… I said, people…

;)

- Wil
 
I know that Blink 182 were originally called Blink.. They had to add the 182 because of some Irish band.
Since these are two completely different countries...

Anyway, If it was me I'd ignore them.
If they're too slow to get on the internet first, then that's their fault.
Although I'm not too sure on the law about band name copyright, so, if they have copyrighted the band name... somehow.. then you should probably find out if they can legally do anything first.
 
As far as I can tell, the name hasn't been copyrighted formally on the internet. Only their wesbite itself. I personally think they're on the attack as I got to the MySpace.com address first. That's the only way they came across me in the first place.

So do you really think I should ignore them? I was thinking of e-mailing them and saying I'm not going to change the name. But as a gesture of goodwill, putting a link from my site to theirs.

They also posted a comment on my site for everybody to see, saying to cease and desist. Surely this isn't the done thing? Since it's a personal matter (Well, I am hiding the names to protect all parties)
 
If their name isn't copyrighted, then just do that, and tell them you're not changing the name.
And if you're serious about the name you have, then copyright it before they do? ;)

And register the name on sites like soundclick, purevolume, etc, if you think you'll ever use them.

Just an idea.
 
1st of all.. a band name doesn't get copyrighted. It gets trademarked; and there are international trademarks. Infringement on a trademark is a seriouse charge. I might request them to produce their trademark registration for the UK and/or any type of international trademark filing. IIRC, international trademarks are enforcable in any country that participate or have treaties with each other. This may be the case with the UK and Slovakia. I would imagine that any EU country will enforce international tradmark violations with any entity from any other EU country.

Disclaimer:
I am not a lawyer. I may be talking out my ass. Any information used from this post is at your own risk. I am not responsible for the results of your acting upon the above information. :)
 
I will continue to call myself ****. I can see no reason how they can stop me doing that. The internet is a free for all, as I see it. They can't expect me to stop calling myself that just because some band from another country is called that too. A mix up is so remote it's ridiculas.

The only time I'll change it is if I recieve an official cease and desist letter (typed and in an envelope no less) through my letter box. It's not as if they even said please...

I'll offer them a link and no more... Is this a fair thing to do?
 
dcwave said:
1st of all.. a band name doesn't get copyrighted. It gets trademarked; and there are international trademarks. Infringement on a trademark is a seriouse charge. I might request them to produce their trademark registration for the UK and/or any type of international trademark filing.
Click to expand...
You make a very valid point. I'll ask them to prove they've got it trademarked in the UK before we discuss changing names etc.

But what about the internet? Can you infringe a trademark if you're based in the UK where the trademark doesn't exsist, online? It's quite a weird thing isn't it, the internet?

Thanks everybody so far who's given advice, I can't begin to tell you how much I appreciate it...
 
here is my 2 cents -- dont ask them jack shit!!! you need to go to a lawyer -- at lerast in the US almost every lawyer provides a free consultation - just to see what the hell it is u need from em!!!

i would not have any conversations wit them . . . i know from past experience with legal matters (granted they are not in the same area of copyright infringement but the law can be tricky as hell) i wouldnt talk to them till after i spoke with a lawyer -- hell u can try to go to a college somewhere where law is a major and get with a law professor - that would be better tan 1) rleyin on us and 2) talking to them n end up in a trick bag!!!
 
You may need to change your name if/when you play in Slovakia. They may have to change theirs if/when the come play in the UK. I would research it more before paying a lawyer (or anyone for that matter) to handle it. In the meantime, ignore them.
 
take your bands name.. and register it on all possible sites... anything that will register your band... and also add a not "we are the real ***** not those from Slovakia "
that should piss them off and you will find the answers much sooner..

i know this happened with another band between one in the states and one from norway(?) it was the bands' Umlaut ' the american band changed their name to catharsis .. and the nor band web states "we are the real Umlaut not those american *** "

anyway.. i definately am not a laywer..

gl
 
Being Scottish I'd tell them to fuck right off :D

I'm sure this happened to The Charlatans a few years back after about 15 years and 8 albums and countless singles and they had to add "UK".... as in The Charlatans UK, fuckin stupid if you ask me. I'd ignore the email and block the sender.
 
What part of "see a Barrister" didn't you get? If you care enough about the name to save it, then you care enough to talk to a lawyer..-Richie
 
Go to every online place like myspace, purevolume etc and make accounts in the name, and if it does come to legal action and you do have to change your name, at least you have every place online that they can post their music, and seeing as you got there first, if they want it, they will have to pay for it. They cannot expect you to close all these accounts, you were there first, and in cyberspace that is the rule. Also, copyright everything you have just now, and if it comes to legal action say that you didn't know, and sue whoever copyrighted you for taking your money without checking that there was another band already copyrighted.
 
I advise that you talk to an attorney, er, talk to a barrister before you go putting a link from your website to the slovakian band's website. By publicly recognizing that other band, you may hurt your cause. Ask the lawyer first.
 
Have you sold any work under your pseudonym? In the US it carries weight if you can demonstrate that you've been doing business.

I'm not a lawyer, but if they have no UK presence I think they have a very weak case. McCartney is still displeased with Apple computers being in the music biz.

How serious does the other band look? I received one of these letters from a small meaningless band when I was in an equally meaningless small time band. We ignored it and eventually both bands broke up. Bands are very excitable, especially when they think they have a really original name.
 
The Plot Thickens

Today I recieved this e-mail:

<i>"We demand that you cease and desist any farther reference to and use of the name **** as this is in direct conflict with our clients ****. We demand that you cease and desist further use of your www.myspace.com/****, www.myspace.com/**** and the website located at ****.co.uk as well and dismantle them all.

Any further usage or reference to you being **** in whole or any part thereof will result in legal action against you.

The next contact will be from our lawyers."</i>

Begrudingly I changed the name to **** [UK] hoping this will be the end of it... Let's see shall we. I'll also add this now came from the supposed "Legal" department" of their managment company... Yeah Right...

They also posted this TWICE as a comment on my website for the world to see. Surely this isn't legally a good idea to do is it?
 
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