Woody
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« on: April 25, 2004, 01:00 AM » |
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I hope this is the correct area of the forum to post this question.
My new cover band that I joined just picked a name for the band. Everyone agrees with it and I think its a great name. However, after doing a little Googling I found another band in the region with the same name. They don't gig in my city and play a totally different style of music. I wish to just keep the name since it is highly unlikely that we will cross paths . What are your thoughts on this??
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FifthDistrict
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« Reply #1 on: April 25, 2004, 01:40 AM » |
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I'd say as long as the other band isn't being publicized or anything, keep the name. If a problem ever does come up, you could just say you didn't know about it. One of my first bands had this problem for about a week, then we realized our name was dumb and we changed it.
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563
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« Reply #2 on: April 25, 2004, 01:25 PM » |
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If you are both active, Id change your bands name. Since you found them online, they obviously have had the name and used it. They get dibs.
Granted, unless they have trademarked the name, its still technically and legally up for grabs, and you can trademark it, and make them change. Band names arent like music, its not a copyright issue where its owned upon creation. They need to be trademarked to be legal binding.
So ... do with that what you will.
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Making bad art. Saying stupid things. Implimenting my master plan to be forgotten when I'm gone and forgettable while I'm here. The Luna MothmeTableland |
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ARCHxANGEL
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« Reply #3 on: April 26, 2004, 12:15 AM » |
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Keep the name.If they have it legally and they find you they will just ask you to change names.Before dream Theater was knwon as Dream theater they had the name Majesty.Another Majesty already existed and had the name legally and just said change the name.So they did and now they are Dream Theater.So typically speaking its not a huge deal.
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smoggrocks
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« Reply #4 on: April 26, 2004, 12:31 PM » |
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I tend to think it's not a good idea, but my band's doing it, anyway. there's some moody singer-songwriter out there called smog [but he uses his own name, too, so what's up with that?], and we're smogg. we've rationalized keeping the name by telling ourselves that mr. smog could be out of business next month. I don't think that logic flushes, but until we come up with a better name, we're staying smogg. I think it fits our music better, anyway. btw -- isn't there that magic formula now for coming up with band names? I think it goes: pick a number, a fruit, and a physical ailment, and you've got yer name. I.e.; 5 Banana Aneurisym, 7 Kiwi Gout  |
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Taking time from the overload and showerin' with reason
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Obstacles are what we choose to see when we lose sight of our goals.
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imradioboy
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« Reply #5 on: April 26, 2004, 05:15 PM » |
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There is also a way to pick your blues name.
Pick one: Lil/Fat/Old
Pick an ailment Blind/club-footed/hemophiliac
Your first name
Pick a former president: Washington/Roosavelt/Lincolon/Jefferson
Mine is Lil Club-footed mikey Washington.
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psycht
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« Reply #6 on: April 26, 2004, 05:22 PM » |
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I'm siding with 563.
Another thought is this. Can you spell your band name differently? Its kinda cheezy, but might work depending on the name. Otherwise, I'd find a new name.
Think of it this way: The other band trashes the stage at a gig and gets a bad rap. Word spreads though booking contacts not to use them because of their bad behavior. Then you go to one of these booking agents to get a show.... Do you think you'll land that gig?
Yes, that scenerio is a longshot, but holds truth.
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Rhyvven
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« Reply #7 on: April 28, 2004, 01:19 PM » |
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DOCTOR.... You may want to check out www.bandname.com. It will search over 70000 names for you as being "registered" throughout the world. If it is not there....take it. You can also then register your name for a very small fee ($7?). Another $4 will get it registered on the national band registry that gets distributed to all the major companys/etc. |
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Man's Maturity: to have regained the seriousness that he had as a child at play.
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563
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« Reply #8 on: April 28, 2004, 01:55 PM » |
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You may want to check out www.bandname.com. It will search over 70000 names for you as being "registered" throughout the world. If it is not there....take it. You can also then register your name for a very small fee ($7?). Another $4 will get it registered on the national band registry that gets distributed to all the major companys/etc. Just a note, while this is all fine and dandy, and will set a date to the usage of the name, it is NOT trademarking and therefore NOT legally binding. It can benefit you if you need to go to court, but it wont beat a trademarked name in the fight. |
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Making bad art. Saying stupid things. Implimenting my master plan to be forgotten when I'm gone and forgettable while I'm here. The Luna MothmeTableland |
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Rhyvven
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« Reply #9 on: April 29, 2004, 06:14 AM » |
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Well stated 563. The following info is cpoied from an attorney website:
You cannot copyright a band name. The correct legal protection is a trademark. Within trademark law there is a category called servicemarks. A trademark identifies a product while a servicemark identifies a service. Since a band is in the business of providing entertainment services, a servicemark is the proper tool to protect the name of a band.
The amount of protection you want for the band directly reflects the amount of money it will cost you. The least expensive route is a state trademark. Fees vary from state to state, but they are generally under $100. A state trademark gives you protection throughout the state you register. You can get the application by calling the Secretary of State. If you don't have a record contract or don't tour nationwide, I recommend a state trademark to start.
The next step is a federal trademark. A federal trademark gives you rights throughout the entire United States. The application fee for a federal trademark is presently $245. If your music is distributed throughout the United States or you do extensive touring, you may want to obtain a federal trademark. These forms can be obtained by calling (703) 308-4357.
Since the entertainment industry is now world-wide, there are 175 countries that allow the registration of trademarks and 60 which allow the registration of entertainment servicemarks. Even if you focus on the five or so most important jurisdictions, (Great Britain, Canada, Germany, Mexico and France), you are still talking a great deal of money for trademark protection on a worldwide basis.
Finally, the "(R)" symbol: what does it mean? Unlike the copyright symbol, "©" (which anyone can use whether their work is registered with the Copyright Office or not), the trademark symbol, "(R)", can only be used if you have a federally registered trademark. By using the "(R)" symbol, you put everyone on notice that you own the trademark and anyone using it would be a wilful infringer. There is also a "TM" symbol used occasionally. This has no legal definition or significance, but is generally used to claim ownership of an unregistered trademark.
In conclusion, when starting a band, you should: first, research the proposed name for conflicting uses; second, document the dates and territory where you use the band name; third, take steps to protect the name through servicemarks.
All well and good. It really depends on the uniqueness of the name and I suppose if you are actually on the way up, so to speak. If all you are evr going to do is play locally, whatever name you choose, it should be safe if no one in the immediate area has that name. Again, if you are playing only locally and have no "great plans", you can always change it again if need be.
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Man's Maturity: to have regained the seriousness that he had as a child at play.
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Greg
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« Reply #10 on: May 02, 2004, 10:36 PM » |
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btw -- isn't there that magic formula now for coming up with band names? I think it goes: pick a number, a fruit, and a physical ailment, and you've got yer name.
Just hit refresh until one hits you like a Mack truck: http://www.elsewhere.org/cgi-bin/bandname |
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LuvmyLeedy
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« Reply #11 on: May 03, 2004, 02:05 AM » |
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that's a good one greg!
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DrumDude
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« Reply #12 on: May 03, 2004, 07:45 AM » |
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here is a site I use on occassions http://www.bandnamemaker.cominsert a word you would like to be in the name...and it creates random names....ive never used one specifically...however it has inspired me for names I have used |
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mouse
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« Reply #13 on: May 11, 2004, 02:03 AM » |
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Can you spell your band name differently "The Goms", I like it  Or you can work around that...heavy fog, chimney stack, misty, etc. IMO be original. |
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Tama Granstar
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Greg
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« Reply #14 on: May 11, 2004, 03:17 AM » |
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"The Goms", I like it Or you can work around that...heavy fog, chimney stack, misty, etc. IMO be original. The whole misty rooftop foggy chimney scene has been done:  |
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mouse
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« Reply #15 on: May 11, 2004, 11:46 PM » |
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Tama Granstar
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Greg
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« Reply #16 on: May 12, 2004, 04:43 AM » |
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The whole misty rooftop foggy chimney scene has been done: Y'know, looking at that pic again I can't help but think that somewhere dancing on a roof in jolly old London is Chrisso singing "Step in time" with a cockney accent! |
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myownsummer
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« Reply #17 on: May 12, 2004, 10:10 AM » |
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I just think if you can come up with a band name that no one else has, then its a creative band name.
thats just me
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incdrummer
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« Reply #18 on: May 14, 2004, 07:57 AM » |
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Yeah think of what happened to sabbath when they started they had the same name as a well known pop group at the time, Earth.they got booked to do dinner dance parties!!!
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Mightydog
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« Reply #19 on: May 14, 2004, 12:52 PM » |
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I can't help but think that somewhere dancing on a roof in jolly old London is Chrisso singing "Step in time" with a cockney accent!
owwwwhhhhhhh! Now I've Step In Time caught in my head. To make things worse, we used to sing 'turpentine' in the place of 'step in time' when I was a kid... |
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DrummerMom
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« Reply #20 on: May 14, 2004, 02:03 PM » |
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My band finaly decided on a name Alternate Axis.
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I'll Play my Drum for Him!
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