Members HatchetDrumr Posted April 7, 2006 Members Share Posted April 7, 2006 My guitarist talked to a lawyer about this, when we found out another band has our name. The leagal action you can take to protect yourself is, to have your name/logo filed for a registered trademark in the US. Its $350 (???) or around that and you get it for x amount of years. If you own the trademark that about the best thing you can do to legaly protect yourself. I cant remember all the details my guitarist has all the e-mails my lawyer sent us about it. I'm sorry but a bands popularity is only a qualitative measurement. Its not quanitative by any means, and there is no report that provides any numbers, trying to argue that in court is about as usefull as pissing into the wind. Its going to come down to whoever can afford the lawyer/court fee's the longest. Having a lot of money is only going to help make sure you win. As is having a good lawyer. Link to comment Share on other sites More sharing options...
Members BlueStrat Posted April 7, 2006 Members Share Posted April 7, 2006 From the US copyright office: Can I copyright the name of my band?No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. From the US Patent and Trademark office: You can register a trademark for a band name. You can also register a trademark for web site domain names under special circumstances but we do not issue domain names - that service is provided by a number of >>certified registering authorities. We cannot give you a determination regarding trademark registration without an application (with appropriate fees). We also cannot assist in enforcing trademark rights nor can we assist in determining if you are infringing on another's mark. For these matters you should consult an attorney. Link to comment Share on other sites More sharing options...
Members stephenslr Posted April 8, 2006 Members Share Posted April 8, 2006 Today it was announced that The Raconteurs will be touring Queensland under the name of The Saboteurs. The rest of Australia they will be touring as The Raconteurs. There is a band in Queensland known as The Raconteurs and the lawyer for the touring band offered a sum of money for The Raconteurs of Queensland to share their name. The Qld band quoted a very large sum of money should the touring band want to share their name. The counter offer was rejected so The Raconteurs will tour Queensland under a different name. s Link to comment Share on other sites More sharing options...
Members Anesthesia Posted May 8, 2006 Members Share Posted May 8, 2006 two words man....... hostile takeover Link to comment Share on other sites More sharing options...
Members Monsoon Posted May 15, 2006 Members Share Posted May 15, 2006 Originally posted by stephenslr Not so, I see there are different views on this, below is a thread taken from the Dungeon forum - they went through the same thing.See for yourself and read further examples here:http://www.ultimatemetal.com/forum/showthread.php?t=215644&highlight=copyrightDungeon are now known as LORD - there are a few Dungeons and a few LORD's around the world playing the same genre of music.To summarise:* You can't "copyright" a band name. Copyright refers to the legal ownership of a published or recorded work or film. It has nothing to do with band names.*Registering business names and trading names means nothing, about the only way you can get away with something like that is if you do a logo and get an international trademark or patent on it and that's f*cking expensive.s There may be "different views" but the law is quite clear. You are correct that copyrights have nothing to do with protecting a band name. But trademarks most certainly do protect a name regardless of whether there is a logo, notwithstanding what the "legal eagles" over on the Dungeon forum might think. And patents have absolutely nothing to do with this - patents are for inventions. And, there's no such thing as an "international trademark." There is so much misinformation floating around out there about band names, copyrights, trademarks and patents, it's frightening. I see the same bad information get passed around over and over. Link to comment Share on other sites More sharing options...
Members Manipulate Posted May 15, 2006 Members Share Posted May 15, 2006 Originally posted by Monsoon There may be "different views" but the law is quite clear. You are correct that copyrights have nothing to do with protecting a band name. But trademarks most certainly do protect a name regardless of whether there is a logo, notwithstanding what the "legal eagles" over on the Dungeon forum might think. And patents have absolutely nothing to do with this - patents are for inventions. And, there's no such thing as an "international trademark." There is so much misinformation floating around out there about band names, copyrights, trademarks and patents, it's frightening. I see the same bad information get passed around over and over. You mean like "you can't get pregnant if you do it from the back"? Link to comment Share on other sites More sharing options...
Members GregHENDRICK Posted May 16, 2006 Members Share Posted May 16, 2006 Originally posted by squealie Pretty sure George Lucas owns the rights to my band's name. That's what happened to Eisley! haha They're friends of ours, and used to be called "Mos Eisley" after the name of the bar in Star Wars. They got signed to Warner Bros. and Lucas said "no." Link to comment Share on other sites More sharing options...
Members Uma Floresta Posted May 22, 2006 Members Share Posted May 22, 2006 I'm still steaming over Hoobastank stealing my band name. I'll never think of another name as beautiful as that one. Link to comment Share on other sites More sharing options...
Members joestanman Posted May 23, 2006 Members Share Posted May 23, 2006 you know the name sucks when you don't want to tell people what it is. Link to comment Share on other sites More sharing options...
Members kerf Posted May 24, 2006 Members Share Posted May 24, 2006 Originally posted by Uma Floresta I'm still steaming over Hoobastank stealing my band name. I'll never think of another name as beautiful as that one. How about Uma Floresta? Link to comment Share on other sites More sharing options...
Members egtact Posted May 24, 2006 Members Share Posted May 24, 2006 It's always best to ignore anyone who would rake back a slide with their finger in the trigger well. You been hunting with Cheney again? Link to comment Share on other sites More sharing options...
Members BlueStrat Posted May 24, 2006 Members Share Posted May 24, 2006 Originally posted by egtact It's always best to ignore anyone who would rake back a slide with their finger in the trigger well. You been hunting with Cheney again? He likes to walk on the wild side! Link to comment Share on other sites More sharing options...
Members dead matt Posted May 28, 2006 Members Share Posted May 28, 2006 A few years back I was in a band called TRAP. This was before the time that nu metal act TRAPT broke. Their manager called us and wanted to know if we were gonna have problems with their name. We said no and he sent us some Outback coupons. Link to comment Share on other sites More sharing options...
Members Kingnome Posted May 29, 2006 Members Share Posted May 29, 2006 Originally posted by redviper The name of my band is so original .....Its freaking great. I though that was the whole point, really... Link to comment Share on other sites More sharing options...
Members bob the dentist Posted June 2, 2006 Members Share Posted June 2, 2006 This is why I made a nonsensical band name. Of course you always get a bunch of morons asking if it's Latin for something Don't you think I would tell you if it was? Blech. Link to comment Share on other sites More sharing options...
Members Tribute2Johnny Posted June 19, 2006 Members Share Posted June 19, 2006 Originally posted by joestanman you know the name sucks when you don't want to tell people what it is. I've had the same damn question throughout this thread and I've noticed that you're the only one who's asked this simple question repeatedly. Link to comment Share on other sites More sharing options...
Members joestanman Posted June 19, 2006 Members Share Posted June 19, 2006 Originally posted by Tribute2Johnny I've had the same damn question throughout this thread and I've noticed that you're the only one who's asked this simple question repeatedly. thank you. and i still want to know. what is the name? tell us you coward. Link to comment Share on other sites More sharing options...
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