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Policy on already taken band names


RoryQ

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A friend of mine is in a band they're called The Sparks. I told them that there was (and still is) a band called Sparks whose heyday was in the 70's. And I have told them they should change their name because of the already existing, and active band similarly called Sparks.

He doesn't think that they need to change their name because the "The" takes care of any problems which they might have with copyright laws, and because the band hadn't heard of them when they chose the name.

They are a recently formed local band who have played one gig.

 

What are your thoughts on this? Is it possible to avoid copyright issues with a "The" as an extension to an original name? And what is your stance on already taken band names? Is there an unwritten law about using other band's names?

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I don't think band names are copyrightable...trademark, however would apply.

The other piece of the puzzle is whether anyone would assume that 'The Sparks' is the original 70's band 'Sparks'. And ,unless they are a Sparks tribute band or something, they may want to rethink the name, since Sparks, IIRC, was not exactly a huge arena rock draw... ;)

Altering the name to the Blue Sparks, or the Low Sparks (any Traffic fans out there?), etc., would probably make more sense....

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I think the only thing that makes sense is to use a band name that is not already taken...and I agree that the "The" isn't going to make a difference. Granted, it won't matter unless you make enough money for the other band to hear about it, but that just means that there will be one more hand reaching for a payout. I know that Nirvana had to buy the rights to that name because of another band, and I know a guy personally who got a payout because he had used a name that a newer band wanted (they were from the UK and needed to settle the rights in the US).

 

It's too bad, because I think a great band name can really, really help (along with a great logo/sticker/whatever). And it seems that the more you think about it and the more you research it, the worse the final decision.

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Don't think that a great band name really makes much of a difference. Think of the bands that have made it. Really, the Beatles, the vanilla fudge, Iron Butterfly, Steeley Dan (Named after a dildo. go figure.)

 

Don't read too much into a name. Just put some great music behind it.

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