Band Name Infringment?

  • Thread starter Thread starter radiorabies
  • Start date Start date
Monsoon said:
I think someone might have mentioned this, but see a lawyer.
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He obviously doesn't want advice, just attention.
 
Don't you think I would have seen a lawyer if I could have done... I can't afford one... I'm just seeing what people would do in my shoes. There's no need to be like that. I'm being attacked in a personal way about something I believe in, how would that make you feel?
 
fraserhutch said:
He obviously doesn't want advice, just attention.
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Maybe he has an aversion to lawyers. Can't blame him. Or maybe he doesn't like the idea of having a potentially large legal bill foisted upon him. Can't blame him for that either.
 
EddieRay said:
Maybe he has an aversion to lawyers. Can't blame him. Or maybe he doesn't like the idea of having a potentially large legal bill foisted upon him. Can't blame him for that either.
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Too true. I'm not the attention seeking type. I don' know where fraserhutch got that from...
 
I'm not sure how it works where you are, but around here there are volunteer lawyers for the arts organizations that provide lawyers for just this kind of thing either for free or for a greatly reduced fee. Check into it. Call the local bar association and ask. Believe it or not, a lot of lawyer/bar organizations have outreach departments to give back to the communities. It's called pro bono. Despite the bad rap, they're not all sheisters.

Apart from that, you should do it yourself - do some googling and try to research the issue for yourself. You'd be surprised how much legal information there is on the web. It may not all be good, but if you do enough reading, you should get in the ballpark enough to make a decision as to what you want to do about this.

And sometimes, even if you're right, it's just not worth the aggravation to figh the fight - especially if you're a new band.

That's what I'd do. I hope this is helpful.
 
PhiloBeddoe said:
McCartney is still displeased with Apple computers being in the music biz.
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I don't see how McCartney could be displeased with Apple Computers. "The Beatles" as an entity have become very rich out of the association (not that they weren't already wealthy).

RE the original question posted....they can't do a thing! Why don't you go to bandname.com and register (its free) really means nothing except you've taken steps to make sure the name is yours. Why don't you register your songs with one one the US songwriting associations.....under "performer" put your band name.

The are lots of little things you can do just to get it on record so to speak.
 
You seem to have ignored any and all advice from everyone here.

That's where I got it from.
 
Paul isn't still displeased, is he? Guess I haven't read anything recently that about this still being an issue. Guess we won't see any Beatles on iTunes....
 
respond and say you want a professionally authorized document stating that the do infact have the rights to the name. the whole thing is to get a material copy. emails dont mean much.
 
fraserhutch said:
You seem to have ignored any and all advice from everyone here.

That's where I got it from.
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That's not true. And how do you know what advice I have or haven't taken exactly? I've listened to everybody's advice and their views on the whole 'have they even got a case?' It has helped me make up my mind what to do.

The only thing suggested to me that I haven't followed is consulting a lawyer, which I can't afford. Everyone who's given me advice has helped me a lot.
 
vschiano2008 said:
respond and say you want a professionally authorized document stating that the do infact have the rights to the name. the whole thing is to get a material copy. emails dont mean much.
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I was actually wondering that, surely e-mailing a cease and desist doesn't count. They sure as hell can't take me to court online.
 
I think whoever can prove that they had the name first would win in a legal case. If there is any documentation on the Internet or elsewhere that would prove that you had the name first you would most likely win.
 
warble said:
Paul isn't still displeased, is he? Guess I haven't read anything recently that about this still being an issue. Guess we won't see any Beatles on iTunes....
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To answer this.....I believe when "Apple" (records/films/music,etc) was set up by Neil Aspinall (Beatles Roadie and now head of Apple Corps) he trademarked the name and logo. When Apple computers decided to start their moves on the big bad world they ran into a hurdle due to the name issue.

Apple Corp decided (insert legal jargon here) to let them use the name and logo as long as they never ventured into the art world eg music,film,etc.

Of course now technology has made it impossible to not make the move into those fields which meant the original contract/deal had to be re-written to the point where The Beatles now earn a considerable amount of income from Apple (computers). Now, everytime you mention the word iPod, The Beatles make a killing......lmao.

That's their karma.......

LEGENDS!!!
 
radiorabies said:
I was actually wondering that, surely e-mailing a cease and desist doesn't count. They sure as hell can't take me to court online.
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No, but now you have "actual notice" which can be used for willful infringement damages (should they win such a lawsuit). Especially if you responded to them.
 
Search registered trademarks, if the name you are so fond of is already registered, then change yours, if it is not then register. If you get the registered trademark (this applies to names, logos etc...) then you can tell the other band to cease and stop using "your" name.
 
Depends on the country. Some countries the winner is the first to use. In some countries, the winner is the first to file. Should look into that.
 
Take the letters they've sent to you, copy them and send them back to them: Demanding that they quit using YOUR name! :D
 
A Quick Update

To be safe, I opted for changing our name... I wasn't keen on it, but I couldn't afford the other option. But get this, I changed the name, updated the website, took all references to the old name out and I get an e-mail demanding I shut down my MySpace accounts within 72 hours or face legal action...

Now I'm pretty sure that nobody has any rights to a username or website address, at least not some small time band...
 
Seriously man, tell them to stuff it. You've changed it, and they have nothing better to do that bust your balls.

Send a message that you have removed the referances to the name, changed your name at great expense to yourself, and that if they contact you further, you will file harrasement charges against them.

It's some pencil neck trying to prove he's worth more then he's charging. End it and be done.
 
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