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Band's with similar names, can this get you into legal trouble?


King Rat

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fictional e.g.

 

If one was to make a band called

 

emotive tart...

 

and there was already in existence in a time/region far away called

 

emoting tarts

 

Would there be any issues down the line?

 

Wasn't there a thread recently where different spellings of the same word didn't cut it?

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there was a thread about this last week with a devastating story by Humancertainty.

 

Don't know about in AUS but in the US apparently if you have to ask, then someone can definitely get lawyered up and destroy your life for no real gain of their own but pure spite.

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i know you can use song names for multiple songs provided its not the same song. I'd say if the band name isnt trademarked then its free game. But, Im not a lawyer. I took a entertainment industry law class and actually did...pretty bad in it :lol:

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Trademark it first, you win. Unless the other band makes it big, and you are playing weddings. If you sue, their lawyers will beat your lawyers because their lawyers will have more money. Plus they are not competing with you or infringing on your "name" in the same marketplace.

IOW, you can't sell chocolate with the brand name of Hershey, but you might get away with Hershey avionics.

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This is important stuff, I am increasingly convinced that every good band name is taken.

 

 

And all the good songs have been written.

 

and all the major scientific discoveries have happened.

 

And guitar music is on the way out.

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And all the good songs have been written.


and all the major scientific discoveries have happened.


And guitar music is on the way out.

 

 

the difference is that it actually takes effort to write a song. Anyone can come up with a band name. That's why titles/names can't be coprighted and why they have to be in use to maintain their trademark. Of course, while you're probably legally entitled to use a name that's not currently being used, that doesn't prevent someone from taking legal action against you anyway. And since it can be a time-consuming and costly process, you're better off just using something else.

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