Band Name Infringment?
- Thread starter radiorabies
- Start date
radiorabies
New member
After a while of nothing, they've e-mailed me again. They're still continuing even though, I changed the name back in January. They're now demanding I dismantle my podcast and web domain, or they'll sue me. And then I'll HAVE to hand it over... Yeah right...
I decided to ignore it as I'm not breaking any laws since they don't own the registered trademark to the Dead Horses. They said there would be no more correspondence between us and the next will be from the lawyers... This morning I recieve another e-mail (I was the CC):
"It's been over the alotted 72 hours, http://deadhorses.co.uk/ and http://deadhorses.libsyn.com have not been dismantled. Please notify the lawyers that the surrendering of all domain and registrar information on http://deadhorses.co.uk/ needs to be in the letters of intent as **** ****** has refused to comply with our demands to cease and desist any and all use of "The Dead Horses" in any form. This is in direct violation and Encroaches on the registered name of The Dead Horses,
http://deadhorses.libsyn.com also must be deleted as well as it too Encroaches on the name."
BTW. I should mention that in an earlier e-mail I recieved it mentioned that the name is registered on some random Slovakian website and is not a proper registered trademark. At least not in the UK or the US.
What are they planning to do with the .co.uk address? They've never played here, they've not even debuted in the USA yet. The name "The Dead Horses" is even more ironic since the Slovakian's are still flogging the dead horse of hair-rock from the 80s.
I decided to ignore it as I'm not breaking any laws since they don't own the registered trademark to the Dead Horses. They said there would be no more correspondence between us and the next will be from the lawyers... This morning I recieve another e-mail (I was the CC):
"It's been over the alotted 72 hours, http://deadhorses.co.uk/ and http://deadhorses.libsyn.com have not been dismantled. Please notify the lawyers that the surrendering of all domain and registrar information on http://deadhorses.co.uk/ needs to be in the letters of intent as **** ****** has refused to comply with our demands to cease and desist any and all use of "The Dead Horses" in any form. This is in direct violation and Encroaches on the registered name of The Dead Horses,
http://deadhorses.libsyn.com also must be deleted as well as it too Encroaches on the name."
BTW. I should mention that in an earlier e-mail I recieved it mentioned that the name is registered on some random Slovakian website and is not a proper registered trademark. At least not in the UK or the US.
What are they planning to do with the .co.uk address? They've never played here, they've not even debuted in the USA yet. The name "The Dead Horses" is even more ironic since the Slovakian's are still flogging the dead horse of hair-rock from the 80s.
Heh. I'd hold out on them, just to be a jerk.
I really need to follow through on that copyright stuff myself. My band's name is taken from the name of a photograph. I don't feel too guilty about it, considering the photograph is itself named after the title of a book in the photograph.
I really need to follow through on that copyright stuff myself. My band's name is taken from the name of a photograph. I don't feel too guilty about it, considering the photograph is itself named after the title of a book in the photograph.
pandamonk
Well-known member
Just change it back and tell them you have the name servicemarked in the US and UK, and that they cannot do a thing about it, and that if they don't believe you, that they can't do anything, they should ask their lawers. 
Or even go the whole hogg and get it servicemarked in us and uk, lol.
Or even go the whole hogg and get it servicemarked in us and uk, lol.
radiorabies
New member
I'm almost certain that they can't take the domain. I looked into it and reasons for disputes include it being somebody's business name, a trading name, a registered trademark or a personal name. I suppose Dead Horses could be a business name or a trading name but they're not based in the UK and they already have a website with dead horses in it...
I'm gonna keep it, but I've not decided what to do with it yet but they'll never get their hands on it... If they offer me money for it, I'll ask 'em to double it
I'm gonna keep it, but I've not decided what to do with it yet but they'll never get their hands on it... If they offer me money for it, I'll ask 'em to double it
metalredneck
New member
Tm
Here in Canada in the '70's there was a cheesy band named Bush. In th '90's, Bush from the UK was marketed as BushX.
Keep the name in case you start making glue or dog food. (Or move to Belgium.)
Here in Canada in the '70's there was a cheesy band named Bush. In th '90's, Bush from the UK was marketed as BushX.
Keep the name in case you start making glue or dog food. (Or move to Belgium.)
altiris
New member
You can offer to sell them the domain for $1,000,000. Once you own a domain its yours and if they want it they will have to buy it from you. I think they know that you are inexperienced in laws and blah blah blah. You showed them that already. People buy domains all the time so that perhaps a wealthy company may want to buy it. If a domain is not taken then its up for grabs. That domain is yours and you can give it to them if you want but they have no legal right to it or to make you shut it down.
radiorabies
New member
I'm not sure exactly what to do with the domain but I was thinking about pointing it to a page with every e-mail they've sent me, unedited of course. They posted messages on my site for people to read why should they have a problem with me putting them back up? Also, if they don't like the fact that they're being portrayed as butt munches online, they shouldn't have conducted themselves the way they did.
This isn't definate... I don't know what to do with it but I'd like to hear suggestions for what I should point the domain to... Anybody?
This isn't definate... I don't know what to do with it but I'd like to hear suggestions for what I should point the domain to... Anybody?
radiorabies
New member
I've had correspondace with Nominet (The people responsible for .uk addresses) and they've backed me up saying the address was first come first serve and that the domain could be obtained by them in one of three ways:
1) Using a transfer process (which requires the consent of both sides
and payment of a fee)
2) Order of a court of competent jurisdiction; or
3) via our Dispute Resolution Service
Basically they have to pay out for a decision that might not even go their way. The DRS fee is £750+VAT and they'd have to convince the idependent judge that they're right not that I'm wrong. I'm sure that this would be pretty much what they'd have to do in a court room.
I reckon if they went to a lawyer they'd be told how stupid the whole thing is and would be a waste of their money and that they'd get nothing out of it... I'm still waiting for the letter from their lawyer, it's been over a week.
In a court they'd have to prove that they've got rights over the address, not being a UK citizen or based in the UK they'd have little or no rights to a .co.uk address...
1) Using a transfer process (which requires the consent of both sides
and payment of a fee)
2) Order of a court of competent jurisdiction; or
3) via our Dispute Resolution Service
Basically they have to pay out for a decision that might not even go their way. The DRS fee is £750+VAT and they'd have to convince the idependent judge that they're right not that I'm wrong. I'm sure that this would be pretty much what they'd have to do in a court room.
I reckon if they went to a lawyer they'd be told how stupid the whole thing is and would be a waste of their money and that they'd get nothing out of it... I'm still waiting for the letter from their lawyer, it's been over a week.
In a court they'd have to prove that they've got rights over the address, not being a UK citizen or based in the UK they'd have little or no rights to a .co.uk address...
radiorabies
New member
More Dead Horses
You're not going to believe this, I've just found somebody else calling themselves the Dead Horses on MySpace... And they're a band... I wonder if the Slovakian's know about them?... Ha Ha Ha...
I've already contacted the new Dead Horses to warn them...
You're not going to believe this, I've just found somebody else calling themselves the Dead Horses on MySpace... And they're a band... I wonder if the Slovakian's know about them?... Ha Ha Ha...
I've already contacted the new Dead Horses to warn them...
Last edited:
tanlith
King of the Wicker People
Pay the couple bucks to run a copyright search on the name. If they've registered in such a way that they're covered here, then you're screwed and have to change your name.
However: if they are not protected under copyright, then spend the couple dollers to copyright & patent the name then send them a nice friendly letter telling them to take a flying leap. And then promptly tell them you plan on sueing them for punitive damages for using your name and misrepresenting your image as being their own, thereby damaging the possibility of attracting new listeners who think you are them.
However: if they are not protected under copyright, then spend the couple dollers to copyright & patent the name then send them a nice friendly letter telling them to take a flying leap. And then promptly tell them you plan on sueing them for punitive damages for using your name and misrepresenting your image as being their own, thereby damaging the possibility of attracting new listeners who think you are them.