naming the band

[sathyan]

We've come up with a name for our band. I've registered an account under that name at Nowhere Radio but at MP3.com the name was already taken. The name being used is a dictionary word. I'm just wondering whether others using that name - actually there are a few using that name - could sue us. My understanding is that as a dictionary word, it can't be copyrighted but am not sure about trade/servicemarks. Section 1202.09a seems most relevant. The purpose of trademark is to reduce consumer confusion so I don't think sharing a name with another on another continent in another genre would be a problem. Dictionary words can be trademarked with a limited domain of applicability. The USPTO lists multiple uses of the name in different industries

I'm not asking for legal advice just your experience.

What have you done when it comes to band naming?

 

[BrettB]

Normally a band can be copyrighted, and when the other band with the same name hasn't copyrighted it, they have nothing to sue you for. And even if they have, as long as you aren't succesfull, you won't have many problems.

Btw, you don't have to be totally paranoia, you can tell us the name:d.

 

[Cool John]

name your group "WE HATE WHITE PEOPLE" ill bet no one has a name like that yet

 

[Dani Pace]

If you have a charecteristic or stylized or altered spelling or an accronym ( like KISS for example) you should be able to register the name as a trademark. If your band has bussiness license (which is a good idea for tax purposes too) you can register the name as your company logo. Reguardless of how you do it keep the name simple and easy to remember and if you get artsey go for a design that will catch everyones eye without being too complicated. If you've got a few bucks to spare it might be a good idea to consult with a small bussiness attorney, procedures for filing and registering may vary slightly from state to state. When you find out for certain, come back and let the rest of us know as more of us are sure to need to register names or logos at some point in the future.

 

[Rational Punk]

Don't be so sure a name that can be found in the dictionary can't be trademarked. Rush trademarked their name. Asia also ran into a problem back in the '80s because some local band in some state or other was also using the name and had been using it longer than the Asia of "Heat of the Moment" fame. As a result, the multiplatinum selling artists had to pay some sort of fee to the local boys using that name if they played in their area if I recall correctly. Obviously you'll find the word "Asia" in the dictionary too, so there ya go...