About band names

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About band names

Post by swett » Mon Dec 28, 2009 8:28 pm

What happens when you find a band name, and you make music, post it around, design a logo, create some buzz, and then you find that someone else already is using that name. Is a band name something to copyright? Who says who's first?

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Re: About band names

Post by eisnein » Mon Dec 28, 2009 8:39 pm

i had this happen a bunch of years ago and I contacted a trademark attorney when the other band contacted me. here's the lowdown-

if the other band has already put out an album or had some presence somewhere OR has trademarked their name then you probably can't use it. you could trademark it yourself but if they did something "prior" that tends to take precedence in court.

just think about how many bands would be called The Beatles or clothing companies called Levi's or whatever...
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Re: About band names

Post by j2j » Mon Dec 28, 2009 8:41 pm

You have to trademark your name. Most surely, Beatles, Guns and Roses, Breaking Benjamin, etc... Are trademarked.

In the new music industry, it is up to you, to inc yourself, trademark, and copyright, your intellectual property..... etc.
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