Band names and brands.

[dalehernando]

Morning all,

Doing that whole thinking of a band name thing again and have come across a bit of a problem (possibly?)

We have come up with a name, however there is a relatively small clothing company in america with the same name. I assumed that would be a registered brand name?

So where does it stand with bands? Could we go for that name? What's the 'rules'?

Cheers!

[BigRedX]

It could be argued that because you are "trading" in completely different "products" there is no chance of confusing the two and you'll be OK.

It could also be argued that in this age of increased trademark copyright and IP awareness it's simply not worth the trouble.

What is the band? Covers? or originals with ambitions of world domination?

In the end it will depend on how successful the band is and how deep the pockets of the other party are.

Your call...

[chris_b]

Polo sweets, cars and shirts all happily and legally coexist.

[FinnDave]

[quote name='chris_b' timestamp='1375955757' post='2167788']
Polo sweets, cars and shirts all happily and legally coexist.
[/quote]

But the polo ponies rake in the copyright fees!

[ras52]

[quote name='BigRedX' timestamp='1375954346' post='2167765']
It could be argued that because you are "trading" in completely different "products" there is no chance of confusing the two and you'll be OK.
[/quote]
This. Think Monsoon (and Band Aid, etc.) That darn Internet thing has made it too easy to discover that someone else shares your name. Just be careful with your logo (think Apple vs Apple).

[BigRedX]

[quote name='chris_b' timestamp='1375955757' post='2167788']
Polo sweets, cars and shirts all happily and legally coexist.
[/quote]

And all were well established well before today's increased brand name protection.

[chris_b]

in that case, if the OP really wants to use this name he could write to the other company and discuss.

As a semi pro band in another continent I can't see much brand confusion cropping up.

[flyfisher]

[quote name='ras52' timestamp='1375955948' post='2167791']
Just be careful with your logo (think Apple vs Apple).
[/quote]

The Apple vs Apple thing was settled fairly early on with an agreement that Apple Computer would not move into music.

Fast forward to the iPod and iTunes and it all kicked off again with Apple Computer ending up paying several hundred million dollars to Apple Corps in a final settlement.

[Painy]

[quote name='BigRedX' timestamp='1375954346' post='2167765']
It could be argued that because you are "trading" in completely different "products" there is no chance of confusing the two and you'll be OK.
[/quote]

Wouldn't bank on this. WWF (wrestling) were forced to change their name to WWE by the WWF (World Wildlife Fund). Can't see too many similarities between the somewhat homo-erotic entertainment provided by steroid fueled, over muscled, baby oil smothered men in budgie smugglers play fighting on a giant four poster bed and the conservation of endangered species!

[BassTractor]

...meaning you [b]can[/b] see the similarities, right?

best,
bert

[ras52]

[bertbass]

Everything you ever wanted to know and more here, http://www.start.biz/business_names/index.php

[dalehernando]

Wow cheers for all the replies everyone! I shall read up and through all this later. Cheers!

[Roger2611]

[quote name='ras52' timestamp='1375959846' post='2167856']

[/quote]

That's excellent, I take it you created such a masterpiece whilst you should have been working but with quality like that you are excused!

[RhysP]

Dolby Labs took Thomas Dolby to court when he first released an album to try & stop him using "their" name.

The ruling ended up being that he could carry on performing & releasing music as Thomas Dolby but could not market any electronic equipment using his name should he ever choose to do so.

[BassTractor]

[quote name='RhysP' timestamp='1375991861' post='2168439']
Dolby Labs took Thomas Dolby to court when he first released an album to try & stop him using "their" name.
[/quote]

Ha! Reminds me of Paul van Vliet (Dutch entertainer) taking Paul van Vliet (baker) to court, and winning, even though the baker had worked under that, his own, name for decades before the entertainer came about trademarked his name.
Old world (everyone uses his own name; no trademarks) met new world there.

In Norway this wouldn't have been possible, as anyone can start a firm using their own name as firm name.
Thomas Dolby could build and market noise reduction here, though not as Dolby Labs. But he could use Thomas Dolby without trouble, and could register and use Dolby, Dolby Lab, and Dolby Labss.


best,
bert

[ras52]

[quote name='Roger2611' timestamp='1375984733' post='2168329']
That's excellent, I take it you created such a masterpiece whilst you should have been working but with quality like that you are excused!
[/quote]
Heh heh, I can't claim that for my own: I saw it on a T-shirt last week so I quick image search did the trick.

[BassTractor]

[quote name='ras52' timestamp='1376035311' post='2168738']
Heh heh, I can't claim that for my own: I saw it on a T-shirt last week so I quick image search did the trick.
[/quote]

Thanks for sharing then. It's a masterpiece in my mind too - which is posh for "I like it" - and I'm sooo gonna print me a t-shirt with it.

b,
b

[flyfisher]

[quote name='Painy' timestamp='1375958837' post='2167838']
Wouldn't bank on this. WWF (wrestling) were forced to change their name to WWE by the WWF (World Wildlife Fund). !
[/quote]

True, but it was probably because there was big money involved rather than any possibility of confusion or 'passing off'.

So two bands on different continents share the same name - if they both remains smallish provincial outfits then thre'll likely be no problem. If one, or both, become the 'next big thing' in global rock 'n' roll then the lawyers will jump in and do their thing because there will be money involved.