Page 1 of 2

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

Posted: Wed Feb 11, 2009 6:45 am
by Johnisfaster
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.

Posted: Wed Feb 11, 2009 6:55 am
by pyroboy
Just don't try naming it "Virgin ..." anything.


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

cheers

Posted: Wed Feb 11, 2009 6:57 am
by Johnisfaster
oh I remember that, hm..

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

Posted: Wed Feb 11, 2009 7:07 am
by Johnisfaster
but isn't that because panasonic is a word that panasonic made up?

Posted: Wed Feb 11, 2009 7:14 am
by kramerica
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.

Posted: Wed Feb 11, 2009 7:14 am
by pepezabala
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.

Posted: Wed Feb 11, 2009 7:38 am
by forge
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

Posted: Wed Feb 11, 2009 7:38 am
by Da hand
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).

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

Posted: Wed Feb 11, 2009 8:07 am
by anamexis
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.

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

Posted: Wed Feb 11, 2009 8:12 am
by adventurepants_
try calling your band Monster and see how far you get!

Posted: Wed Feb 11, 2009 8:27 am
by Emissary
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.

Posted: Wed Feb 11, 2009 8:59 am
by creature
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.

Posted: Wed Feb 11, 2009 6:51 pm
by Atomikat
So...that means that I have to change the name of my new electronic band Henke to something less obvious? :wink:









Just kidding...

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