Band Name Legal Rights?

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Robertt8

Robertt8

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Okay, well as some of you may have seen from a previous post from me, that our band is looking for a band name. everything we come up with that we actually like (no matter how obscure) seems to be taken by someone somewhere. Most of these are bands that don't have websites, or even CDs as far as we can tell, but come up when looking through http://www.allmusic.com or http://www.ubl.com . I've also noticed that on many of these sites that list out names of bands that there can be duplicates. In fact, on a completely unrelated search, allmusic.com give a total of 6 bands named "Flood".

What are the rules with this? Say we found a name we like, but another band has it, and it's in another music category that would never be mistaken for each other. is this legal?

Anyone have any idea here?

Thanks!
Robert Tait
 
If it comes down to it and you're really serious about it, call a trademark attorney and do a search. It'll pay off in the end.

I own the trademark to my band's name (Stonehenge - Maybe you remember our pounding power-metal from the 1990's?) and there are so many bands that pop up with that name... A simple letter from our attorney usually takes care of it.

And then when Dreamworks came out with Shrek 2 (if you haven't seen it, as I haven't yet, there's a reference to a "rock" band called "Stonehenge" in the movie), you actually get paid just for having a name!

That's where the "STONEHENGE IS A REGISTERED TRADEMARK OF JOHN SCRIP AND J ENGLE MEDIA, INC. - USED BY PERMISSION" comes from.

EDIT: Hey! There's a few "Stonehenges" on that site. Normally, it'd be a problem if the name wasn't registered. However, all I have to do is send a letter out. If they don't stop it and drop it, I send PH&A after them. Most bands will never let it go that far. /EDIT
 
Hey thanks guys... I actually registered a band name on that band register thing. I have no idea if it's legal or not, but what the hell.

Damn those Stonehenge Imposters!!!!

Doesn't it seem odd that this Band Register site would LET you register duplicates of the same name? doesn't that kind of defeat the purpose?
 
Those sites, by their own implicit admission, are worthless. I can enter any name I want there, but until I start using the name in commerce, it isn't protectable under any trademark, state or federal.

If you want to check your band's name, do a trademark search on the USPTO site. Then check to see if the domain name is available. Actually, check the domain name first, since most common words are long gone on the internet, but can be trademarked for use by a band as long as nobody else has registered the same name for a similar use (music).

Another thing to consider is that trademarks have to be kept in use or they expire. If somebody forms a band, tours for a year, and breaks up having never recorded an album, or has any leftover merchandise to sell, etc., their trademark will eventually expire, and the name will become available again.
 
That came up this year with the Dreamworks thing - Stonehenge's cl.41 was going to expire this year. We play a "Monster's of Classic Metal" show here and there, but I wasn't really planning on renewing it.

Until George Lucas' lawyer called... ;)
 
It must suck to give your new band a name only to learn that some washed up old fogey is hoarding the rights to the name and nobody else can have it
 
So, did I get this right?

1) you have to register the trademark of the name's band
2) the name is not protected unless you start a commencial use of that name

How do you register a band's name and what are the costs?

??
 
Giganova said:
So, did I get this right?

1) you have to register the trademark of the name's band
2) the name is not protected unless you start a commencial use of that name

How do you register a band's name and what are the costs?

??
Click to expand...

1) you don't have to, but it gives you better legal rights

2) it may be protected under common law, but a registration gives you much more powerful protection as well as notice to other parties via the USPTO database.

You can file an application with intent to use a trademark, which gives you a period of time afterwards to prove use. But basically, if you never use a trademark, then it's not registered. Also, you have to renew every ten years, and file an affidavit of use after five years of registration. If you stop using it, it isn't renewed.

http://www.uspto.gov/web/offices/tac/tmfaq.htm#Other

Initial app is $335.
 
The average trademark attorney will probably sock you about $1200 including the search (which is a big chunk of that).

It sounds like a lot, but if you get a pretty big following locally and then have to give up your name... :mad:
 
From what I understand, a band name is akin to a business name and if you don't trademark it, it has very little protection.
 
Massive Master said:
That came up this year with the Dreamworks thing - Stonehenge's cl.41 was going to expire this year. We play a "Monster's of Classic Metal" show here and there, but I wasn't really planning on renewing it.

Until George Lucas' lawyer called... ;)
Click to expand...


Am I the only one who wants to know why George Lucas' lawyer called? Were you joking or are you being serious? Story, story!
 
This is why...from and even earlier post from Massive Master

Massive Master said:
I own the trademark to my band's name (Stonehenge - Maybe you remember our pounding power-metal from the 1990's?) and there are so many bands that pop up with that name... A simple letter from our attorney usually takes care of it.

And then when Dreamworks came out with Shrek 2 (if you haven't seen it, as I haven't yet, there's a reference to a "rock" band called "Stonehenge" in the movie), you actually get paid just for having a name!

That's where the "STONEHENGE IS A REGISTERED TRADEMARK OF JOHN SCRIP AND J ENGLE MEDIA, INC. - USED BY PERMISSION" comes from.
Click to expand...
 
And I might add that it wasn't some giagantic amount.

I'm not allowed to mention.

However, I can probably say: No new cars or houses or anything.

Enough to make me happy that I trademarked it? Yes. Enough to go out and invest in other trademarks? No.
 
wasn't Nirvana a band from the 70s (still going now apparently)? I dunno if they tried to sue or not, but the Nirvana we know well obviously didn't have to change their name. Maybe the other band were OK with it. They covered one of Nirvana II's songs at a later date.
 
OK, so much for band names, but how about an individual's name?

What if you're called Heny Wincklepicker III and you wite and perform under that name, put out CDs and merchandise under the name you were born with, then you find out there's another Heny Wincklepicker III living in another state whose doing the same?

Presumably if you are both using your birth names, you can both carry on and neither can stop the other right?

I used a silly example, but it's possible there's another singer songwriter out there calle Robert Dylan, for example... how would he go on?
 
That IS an interesting though... Although, there are an awful lot of "stage names" out there...

Michael J. Fox is "Michael J. Fox" because there was someone in SAG that was already registered as "Michael Fox" - Lots of examples on that...

That Robert Dylan guy certainly would get decent placement at the stores... :D
 
This Business of Music explains the complications in this. It has a few chapters on it. A good book, indeed, but if you don't want to buy it take a legal pad to Barnes and Noble and jot down some notes in the incredibly comfortable chairs.
 
sonnylarsen said:
From what I understand, a band name is akin to a business name and if you don't trademark it, it has very little protection.
Click to expand...

First use helps.
 
Yes, first use, interesting...

It's not beyond the bounds of possibility that there's some singer songwriter out there called 'Philip Collins', but if he tries to market himself in the music biz and starts to get some success he'll soon be slapped down by Phil Collins' lawyers and told to desist from using what is his own birth name. Scarey!

So i guess even using your own name is not a safeguard, you could spend years working bars and clubs getting your name known locally only to have it all taken away from you by some big music biz act that has been promoted nationaly throughout the media by a lot of money being spent. Sure you could try suing them on 'first use' grounds, but they have more money than you for the best lawyers!
 
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