legality of naming a band the same name as a company?

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Johnisfaster
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legality of naming a band the same name as a company?

Post by Johnisfaster » Wed Feb 11, 2009 6:45 am

what if you named your band Apple? or Sprint? I'm pretty certain it's okay based on the fact that you're in entirely different fields. sorta like how there is an Apple Records that isn't associated with Apple Computers in any way.
It was as if someone shook up a 6 foot can of blood soda and suddenly popped the top.

pyroboy
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Post by pyroboy » Wed Feb 11, 2009 6:55 am

Just don't try naming it "Virgin ..." anything.


Virgin policing a bit Rich (scroll down about a page)

cheers

Johnisfaster
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Post by Johnisfaster » Wed Feb 11, 2009 6:57 am

oh I remember that, hm..
It was as if someone shook up a 6 foot can of blood soda and suddenly popped the top.

Spackled Bat
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Post by Spackled Bat » Wed Feb 11, 2009 7:01 am

There is a electronic group that had to change their name from Panasonic to Pan Sonic due to this issue.

http://en.wikipedia.org/wiki/Pan_Sonic

Johnisfaster
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Post by Johnisfaster » Wed Feb 11, 2009 7:07 am

but isn't that because panasonic is a word that panasonic made up?
It was as if someone shook up a 6 foot can of blood soda and suddenly popped the top.

kramerica
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Post by kramerica » Wed Feb 11, 2009 7:14 am

Johnisfaster wrote:but isn't that because panasonic is a word that panasonic made up?
The standard of review is likelihood of confusion and if your mark is the same as another mark but in a completely unrelated industry, you'd be fine. However, if a company has a well known mark, like McDonalds or Kleenex, etc., they have a good chance of winning in an infringement case. That's a special exception though. I don't know the particulars of the Panasonic case.
\,, / (^_^) \,,? /

pepezabala
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Post by pepezabala » Wed Feb 11, 2009 7:14 am

Do you want to call your band "Ableton", and then announce your concerts as "Ableton - Live!"?

Here in Spain a band had the name of a famous judge - Garzon (he's the one that brought Pinochet into jail in UK back in the day). They had to change it.

forge
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Post by forge » Wed Feb 11, 2009 7:38 am

you have to view your band name as a brand also

generally speaking, if you name your band the same as a company you're just creating problems for yourself down the line

just find a different name

Da hand
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Post by Da hand » Wed Feb 11, 2009 7:38 am

It would seem logical that if it is a common word in a language, like apple, peach, tree, etc and in a different industry then it would be ok. However, I would not try before seeking legal council (especially if it is the name of a huge corporation).

anamexis
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Re: legality of naming a band the same name as a company?

Post by anamexis » Wed Feb 11, 2009 8:07 am

Johnisfaster wrote:what if you named your band Apple? or Sprint? I'm pretty certain it's okay based on the fact that you're in entirely different fields. sorta like how there is an Apple Records that isn't associated with Apple Computers in any way.
Apple Records has been suing the crap out of Apple Computers ever since they put their first sound card in the Mac. They eventually payed a HUGE settlement.

adventurepants_
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Re: legality of naming a band the same name as a company?

Post by adventurepants_ » Wed Feb 11, 2009 8:12 am

try calling your band Monster and see how far you get!
nathannn wrote:i will block everyone on this forum if i have to.

Emissary
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Post by Emissary » Wed Feb 11, 2009 8:27 am

Aphex twin?

he has to get permission thought. even though he says he made the word up himself.

So are virgin going to be suing the vatican because the virgin mary could be seen as a virgin partner. shit like this is why i cant wait for this shitty society to collapse and be rebuilt as something less fucking retarded.

creature
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Post by creature » Wed Feb 11, 2009 8:59 am

I think if a company has trademarked their name then they will most probs get you to change because they want to protect their brand. Especially if your band is a harsh ebm band with songs about killing baby puppies :-)

I would say it is best to not bother. If companies are prepared to trademark company and brand names then they are just as keen to protect them.

Atomikat
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Post by Atomikat » Wed Feb 11, 2009 6:51 pm

So...that means that I have to change the name of my new electronic band Henke to something less obvious? :wink:









Just kidding...

Robert Henke
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Post by Robert Henke » Wed Feb 11, 2009 6:58 pm

Atomikat wrote:So...that means that I have to change the name of my new electronic band Henke to something less obvious? :wink:

Just kidding...

well, you can name it Monolake: http://www.mono-lake.de

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