If you were to form a new band and call them "Microsoft" or "Ford", then most of us would surely agree that you were asking for trouble.

Last year, for instance, there was the case I'm sure you heard about where Madonna took a porno company (called Madonna!) to court for buying and using www.madonna.com as their website address. The year before that Richard Brandson sucessfully sued a band called Virgin for using his company name.

But what about if you formed a band and decided to call yourselves a name like, say, Powerhouse or Blue Arrow. Now, check any phone book and you'll see that there are loads of companies with these names, so where would you stand if you went with such a name?

I mean, to say the generalised statement "you need to trade under a completely original name OR ELSE" doesn't wash. After all... how many businesses do you think there are out there called "Joe's Cafe"? How many pubs must there be called "Cheers"???

Anyway, does anyone know what the legal position is with band names? I'm on the verge of buying a .com and I'm a bit concerned that I might be opening a can of worms.

Thanks

T. Equalizer

In the 70's we had a top40 band called "Rolls Royce". We played the hotel and disco club circuit ... VERY small time. No record deal, no big time exposure.
One night at a gig, a very stern "suit" walks in with wing tips and a briefcase, and told us we couldn't use the name anymore because the car company was pissed !
(We actually used the logo too)
Hey - how'd they know anyway????
The result was - we changed the name. To paraphrase W.S. "Seems like a lot of fuss about nothing."
I always wanted to name a band "Free Drinks" so they'd put it up on the Marquee...imagine:
Friday nite - FREE DRINKS !
Might be a draw, who knows?

UD...That's a good one...
What about On the Marquee...imagine: Friday nite - FREE WOMEN!

Don't forget that band Green Jello a few years ago being forced to change their name to Green Jelly... The Jell-o people also gave Jello Biafra some shit for a while.

Basically, I think it comes down to whether or not the company is big enough to sue about it. When it comes to independent businesses, you can name your company anything as long it can't be interpreted as trying to misdirect consumers into thinking you're another well-known, established business. Ford Automotive repair? No way. Ford's Hamburgershack? A-Okay. However, just because it's technically okay doesn't mean Ford Motors aren't going to threaten Ford's Hamburgershack with a lawsuit. Getting sued in itself is expensive, whether you win or lose. Court costs alone would put Ford's Hamburgershack out of business, so they'd essentially get bullied out of the name.

Which is why we should just kill everyone now.

Is'nt there some rules about registered trade marks and names?
If the name you chose is not in that category you're free to
use it?
Also I think there is something about that very common names or
titles can't be registered and are free to use. Maybe this things
are different around the world, but nowadays you have to be very
inventive to avoid anything not used before.
GJ

But, if the band use a name taken from someone else and make famous the original owner?

What about "808 State"? Roland really cares about a band using the name of a unsuccessful drum machine?
And then Roland analogue TR's became the most expensive and desired vintage synths. Good for Roland.
Roland even sequenced "Pacific" for the Sound Canvas GS synths and distributed a demo disk with the label "Copyright Roland Corp."....

Mgomes

There's also rules about what area you are working within with the name. Different model names can be used and are being used in different sectors. Same company names are also used by different companies operating in different areas and countries.

There's a Finnish act called Pan Sonic. Quess what they called themselves before their name change. They named one of their albums 'A'. Small revenge

-tek

This may be of some help: http://www.bandname.com/general/display_html.asp?page=about

I think band names can be copyrighted so you just need to come up with on that isn't being used by a popular band & register it first. Good luck.

------------------
We were born to go as far as we can fly; Turn electric dreams into reality... -Hawkwind-

If you pick a brand name or use a brand name for your name, you can be sued if:

1) It's a clear copyright conflict, that is, someone else has the right to the name in the same market in which you're using it,

2) The celebrity or marketability of your band name is derived in whole or in part from the use of the brand name - that is, your act benefits financially from its use - without any renumeration to the owner of the brand, or

3) If the use of the brand name potentially hurts its reputation, value, or marketability.

None of these boundaries, of course, are solid, and as long as there isn't much money involved, it's not worth the hassle for most owners of brand copyright. But, as my nick reflects, I tend to think it a better idea to come up with a name that derives nothing from or lends nothing to another recognizable name. Establish yourself as an artist, and clever names are unnecessary.

Why not just alter the spelling of the name if it is the same name another company is using? There are some bands out there who spelled their band name wrong to work around that problem. Wouldn't that work? Like the band Green Jello could have just added a 'w' on the end of jello. Jellow...people would get the point. The companies can't sue for that just because it "sounds" like their name. What do you think of that?

-Tracey

Stillme- It's a bloody brilliant idea.

For a minute there I got quite excited. I figured I can change a "c" to a "k" and it'll be cool, but guess what? Yes, that's right- I just checked and there's even a company using the freaky spelled version of the name!

Aaaaaaaaaarrrrrrrrgghhhhhh!!!!!!!! Somebody deal me a good hand!!!!!!!!!!

How about reversing the letters or make it upsidedown? Even if they sounds the same they will still sue you if they want to. Heard about "Windows" and "Lindows"?. How about in the song titles? There are so many songs with the same title. And also a song with almost the same music or tune but different name. Naming a band is sometimes hard to think about. It must be unique and easy to remember. I like the name of the band like a phrase or sentence, i.e; "Tower Of Power", "Alan Parson's Project", "Arrested Development", "Hungry Young Poets", "Pet Shop Boys".

How 'bout .....
Green Jell, Oh !

Why don't you just come up with something totally original, like make up a new word that isn't even in the dictionary, and use that. Then, you can quit worry-ing about it and worry about someone ripping off your cool new name. Right?

Yeah, make up a word, like Optinone. OR, Ectoplun.
The possiblities are endless.
Let me see....
Sanctosoul
Fire For Life
Evilive <---- is a good one!
Mecha Mo Chaos
Obsorbo Clot
Just take some words and put em together
HellScape<----another good one
Pain Scape
Foulmouth <----good one
Foregate
Simplator
Complatron
++++take your pick+++++++

I'm piqued! (Or picked - your call.)
Let's see . . .

New words
Indubid
Forsushi
Blame-ber (or, alternatively, Blame-bim . . .)
Velocipuddle
Carnality
Bought Swanna
Disband-aide (could be a copyright worry there)
Old words in new ways (I confess to a certain affection for the cheap pun. Of course, since I've never seen an expensive pun, a case could be made that "cheap pun" is, in fact, redundant)
Undone Conundrum
Whistlestop Champaign
Old Gnus
Beer Thirty
The Great Googooly Moogoolas
Plaid Rabid
Got-tha Got-stas
Real Virtuality

Sorry...hope I caught y'all before dinner rather than after...wouldn't want to cause any dis-pepsi! Ah!

Careful with that word 'dis-pepsi' Oldschool. I had heard that a lawsuit was threatened against the band Negativeland for using that as a album title. I guess that it didn't happen though. This is from the Negativeland website:
"Fearing trademark problems (as advised by five volunteer lawyers), the DISPEPSI title does not appear anywhere on or inside the release. A sticker on the original pressings of the disc instructed buyers to phone a "word of mouth line" to learn the actual title. Three months after the release of DISPEPSI, however, PepsiCo officially stated that it had no intention of ever taking legal action against Negativland for trademark or copyright infringement, so Negativland began using the actual title in press releases and on this website. CD packaged with One World Advertising fold-out. No personnel listings."

All this came about after their lawsuit from their earlier 'U2' album. I've seen that cd in catalogs and is described as "the original banned, destroyed disc". appearently the lawsuit did't go too well for the band.
I did find a couple of short discriptions of the 'U2' cd here:
Negativeland - U2 album review http://www.porter.ucsc.edu/fishrap/classic/enter/music/negative.html http://www.abc.net.au/rn/arts/radioeye/stories/s257522.htm

Spacehead:
Thanks much for the heads-up. However, in point of fact, I own the copyright on Dispepsi-Ah!, it being the title of a self-produced MIDI-based techno-trance CD released well before PepsiCola was a registered brand name . . .

I'm off in search of Negativland's latest . . . suspect a normal retail establishment won't be much help, eh?

------------------
"The problem with the world is that the ignorant are cock-sure, whereas the intelligent are full of doubt." - Bertrand Russell

Oldschool,
I should have put this in my other post but i forgot.
Negativeland Home Page http://www.negativland.com/

Looks like some pretty interesting reading there; copyright material, intellectual property material along with other band related stuff.
It appears that they wrote a book about the U2 fiasco also.

Thanks...will look into it. Anybody thumbing their nose at the "industry" is a friend of mine.

Want to use a brand name?
Do this.

example: FORD

find 4 words that will begin with F, O, R, and D and try to put them together to make sens.

example: Fear Of Rocking Down.

Register the name to the publishing like that and then call the band

F.O.R.D.

the periods after the single letter means that is an abbreviation of a long one and is totally different from the original used by the car brand. I hope I was clear enough.

Maximo

Another trick can be:
use symbol or number to spell letters.

Example: MICROSOFT

M1CRO5OFT
(use the #1 instead of I and the #5 instead of S)
MICRO$OFT
(use the symbol $ instead of S)

Just like the singer PINK that spells her name like this P!NK. She couldn't use the color name because is a registered and protected brand name already. Good luck with you choice.

Massimo