M
Mons
New member
Thanks.
Is there a source for discerning whether a band name one has chosen is already taken?
Chris Tondreau
Member
There are two ways of approaching this question.
1. The "I'm a really nice guy" way: Get on the net and do a search using various search engines for the band name in question. If you're dilligent, and if it's out there, you'll probably find it. They might be located in Uzbekistan.....
2. The "business-minded" way: Say "Who cares? I'm using it. If someone else has a problem, then they can come after me." Though brash-sounding, it is pretty realistic. Let's say you do a search on Google and find a band with the same name in Uzbekistan. The chance of you competing for customers in the same geographic territory is pretty slim. It is for this reason that there can be a "Joe's Variety Store" in nearly every city and town, but try opening up a McDonald's restaurant anywhere in the free world and you'll be shut down in a heartbeat. Okay, so let's say there comes a time when the unlikely happens - a band from, say, Denver, CO is selling records world-wide, and the band from Uzbekistan finds out. Now you are competing for customers in the same geographic region and offering a similar product (music). By this time, you will probably be doing well enough to pay off the other band for ownership and rights to the name, or be forced to change yours slightly. (Bush had to go by Bush X in several countries until they payed off another band.... It didn't hurt them.
Alternate scenario.... The band in Uzbekistan finds out that you are using their name, and complain. They seek legal assistance, and they will be told that they don't have a case until you start competing in the same territory.
WAY alternate scenario: Hire a lawyer. They can do a legal search of band names registered as businesses anywhere in the world. Upon finding out that yours is unique, you then register it as an international business, thereby laying ownership to the name. A lot of unnecessary hassle and expense, IMHO.
Chris
1. The "I'm a really nice guy" way: Get on the net and do a search using various search engines for the band name in question. If you're dilligent, and if it's out there, you'll probably find it. They might be located in Uzbekistan.....
2. The "business-minded" way: Say "Who cares? I'm using it. If someone else has a problem, then they can come after me." Though brash-sounding, it is pretty realistic. Let's say you do a search on Google and find a band with the same name in Uzbekistan. The chance of you competing for customers in the same geographic territory is pretty slim. It is for this reason that there can be a "Joe's Variety Store" in nearly every city and town, but try opening up a McDonald's restaurant anywhere in the free world and you'll be shut down in a heartbeat. Okay, so let's say there comes a time when the unlikely happens - a band from, say, Denver, CO is selling records world-wide, and the band from Uzbekistan finds out. Now you are competing for customers in the same geographic region and offering a similar product (music). By this time, you will probably be doing well enough to pay off the other band for ownership and rights to the name, or be forced to change yours slightly. (Bush had to go by Bush X in several countries until they payed off another band.... It didn't hurt them.
Alternate scenario.... The band in Uzbekistan finds out that you are using their name, and complain. They seek legal assistance, and they will be told that they don't have a case until you start competing in the same territory.
WAY alternate scenario: Hire a lawyer. They can do a legal search of band names registered as businesses anywhere in the world. Upon finding out that yours is unique, you then register it as an international business, thereby laying ownership to the name. A lot of unnecessary hassle and expense, IMHO.
Chris
ChristopherM
New member
I'd go with Scenario 2...
There was a band in England called "The Beat" that got some recognition in the states, but had to call themselves "The English Beat," didn't hurt them.
The 1960's Ford Mustangs had to be called the T-5 in Germany, because another vehicle-producing company there already owned the name "Mustang" (a bicycle company, i believe).
Things like this happen in the business world all the time.
There was a band in England called "The Beat" that got some recognition in the states, but had to call themselves "The English Beat," didn't hurt them.
The 1960's Ford Mustangs had to be called the T-5 in Germany, because another vehicle-producing company there already owned the name "Mustang" (a bicycle company, i believe).
Things like this happen in the business world all the time.
M
Mons
New member
Thanks for the responses. I figured since this site dealt with home-grown music, that I would give it a shot. I thought there might be some sort of band name copyright/trademark database that I didn't know about.
Good advice and thanks...
Good advice and thanks...
D
Dani Pace
New member
Simple dude! In the little search window type in "band name registry" and click search. There are several sites which for a fee will register your band's name, whether or not you regester with them you can search their archives to see if anyone else has registered your name.
B
bdbdbucksKID
New member
YO
A good way to protect yourself would be to get your bandname Trademarked. Your trademark attorney will determine if there is a conflict in the commerce area. First of all...the Trademark will protect you in the future should someone come out of the woodwork with the same name using the same class of commerce (i.e. distributing phonographic records, or live musical performance) You can then sue them.
It would be wise to first determine if the Trademark is taken...the Trademark is the way to go. Once the trademark has been established, you can nail anyone within the US for misrepresentation of your Trademark and /or commercial property provided that they are using the same class of commerce.
You can do a trademark search at the following link:
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=g449t8.1.1
Only thing is, you gotta shell out about 435.00 per class (not to mention legal fees)...so, if you are filing for phonographic sales that would be one class and the live musical performance would be a second class, tee shirts and hats would be three...and so on.
You can look up any major band in the US on this database (ie: Metalica, Nine Inch Nails...etc.) and they'll be there.
So, if your willing to cough up the cheddah, you can feel confident that there will be no infringements legally (at least on your end) and you protect your property.
A good way to protect yourself would be to get your bandname Trademarked. Your trademark attorney will determine if there is a conflict in the commerce area. First of all...the Trademark will protect you in the future should someone come out of the woodwork with the same name using the same class of commerce (i.e. distributing phonographic records, or live musical performance) You can then sue them.
It would be wise to first determine if the Trademark is taken...the Trademark is the way to go. Once the trademark has been established, you can nail anyone within the US for misrepresentation of your Trademark and /or commercial property provided that they are using the same class of commerce.
You can do a trademark search at the following link:
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=g449t8.1.1
Only thing is, you gotta shell out about 435.00 per class (not to mention legal fees)...so, if you are filing for phonographic sales that would be one class and the live musical performance would be a second class, tee shirts and hats would be three...and so on.
You can look up any major band in the US on this database (ie: Metalica, Nine Inch Nails...etc.) and they'll be there.
So, if your willing to cough up the cheddah, you can feel confident that there will be no infringements legally (at least on your end) and you protect your property.
M
Mons
New member
Now THAT'S an answer, bdbdbucksKID. Precisely what I was looking for. Many thanks.
Chris Tondreau
Member
See "WAY alternate scenario" above.
B
bdbdbucksKID
New member
It's a pleasure! Any time I can share information that I have sought in the past with fellow artists I am more than happy to.
distortedrumble
all up in yo grill!
not many other ways to say it
chances are the band name your thinking of has already been used at least once even if you come up with some stupid crap like kids on AOL with that xxxImacrackwhorexxx crap. lol even they could say they'd been using that name for the past year or so and your band using that name would alter their reputation.....example...spike lee and spike tv.....when i heard spike tv the first thing i thought of was Spike the dog from tom and jerry but you dont see tom and jerry copywrite holders suing spike tv....its a crazy world out there....just need to go for it.
chances are the band name your thinking of has already been used at least once even if you come up with some stupid crap like kids on AOL with that xxxImacrackwhorexxx crap. lol even they could say they'd been using that name for the past year or so and your band using that name would alter their reputation.....example...spike lee and spike tv.....when i heard spike tv the first thing i thought of was Spike the dog from tom and jerry but you dont see tom and jerry copywrite holders suing spike tv....its a crazy world out there....just need to go for it.
Jblount
New member
Using a name is all fine and dandy, unless its copyrighted.
B
bdbdbucksKID
New member
A little Confusion
There is a big difference between copyright and a trademark.
You copyright your music and lyrics, but you cannot copyright your name. A copyright proves that you were the originator of the work and insures that your rights are protected as far as your artistic/intellectual property is concerned, whether it be a book, phonographic record or screenplay.
You create a tradename or trademark for the purpose of marking your goods and or services (i.e. your artistic property) in interstate commerce. This is not only a safeguard but a marketing strategy as well. Example: Nike makes shoes and has registered their trademark in the commercial class of making sporting goods and apparel. Joe Schmo goes to the store for a pair of sneakers, hearing about Nike's quality product lines, he opts to shell out and extra 50 bucks for his hightops because of the brand name alone. If some underground sweatshop in the slums of New York starts to sew the Nike trademark on generic Payless Shoes, they're only intention is to profit off the brand name and are in deep 5h*t if they get caught.
No one can trade goods of the same commercial class under your tradename once it has been registered/established without suffering the legal consequence if caught.
One cannot simply "say" that they had the name all along, because in the court of law, they would have to have an extremely strong case that would show that they as a group has had the "assumed " tradename for a certain amount of time and has sold a certain amount of merchandise and have lost a certain amount of money because of it...even then, if they stood to lose so much, they would have filed for the Trademark anyway...if they were that smart. On top of that, there would have to be on a local level a great deal of name spreading and concrete evidence to suggest that the Trademark holder intentionally registered...etc. Maybe if there were some infringement of intellectual property also they might have a case (but if they didn't have a trademark, the probably didn't copyright that intellectual property either). I am sure the courts would laugh them out of the house anyway, but it is always possible that someone might do such a thing. If they were that pathetic.
The trademark attorney has to, by due diligence establish that there will be no conflict as far as registering the tradename is concerned. I am sure that local band names and class of commerce within the region even if those local bands haven't registered are taken into consideration prior to filing (and the client is made aware of it). In most cases, names that are similar sounding or containing the same words in a different order are also avoided if the same class of commerce is in use.
Ok, the bag of wind has deflated.
There is a big difference between copyright and a trademark.
You copyright your music and lyrics, but you cannot copyright your name. A copyright proves that you were the originator of the work and insures that your rights are protected as far as your artistic/intellectual property is concerned, whether it be a book, phonographic record or screenplay.
You create a tradename or trademark for the purpose of marking your goods and or services (i.e. your artistic property) in interstate commerce. This is not only a safeguard but a marketing strategy as well. Example: Nike makes shoes and has registered their trademark in the commercial class of making sporting goods and apparel. Joe Schmo goes to the store for a pair of sneakers, hearing about Nike's quality product lines, he opts to shell out and extra 50 bucks for his hightops because of the brand name alone. If some underground sweatshop in the slums of New York starts to sew the Nike trademark on generic Payless Shoes, they're only intention is to profit off the brand name and are in deep 5h*t if they get caught.
No one can trade goods of the same commercial class under your tradename once it has been registered/established without suffering the legal consequence if caught.
One cannot simply "say" that they had the name all along, because in the court of law, they would have to have an extremely strong case that would show that they as a group has had the "assumed " tradename for a certain amount of time and has sold a certain amount of merchandise and have lost a certain amount of money because of it...even then, if they stood to lose so much, they would have filed for the Trademark anyway...if they were that smart. On top of that, there would have to be on a local level a great deal of name spreading and concrete evidence to suggest that the Trademark holder intentionally registered...etc. Maybe if there were some infringement of intellectual property also they might have a case (but if they didn't have a trademark, the probably didn't copyright that intellectual property either). I am sure the courts would laugh them out of the house anyway, but it is always possible that someone might do such a thing. If they were that pathetic.
The trademark attorney has to, by due diligence establish that there will be no conflict as far as registering the tradename is concerned. I am sure that local band names and class of commerce within the region even if those local bands haven't registered are taken into consideration prior to filing (and the client is made aware of it). In most cases, names that are similar sounding or containing the same words in a different order are also avoided if the same class of commerce is in use.
Ok, the bag of wind has deflated.