Band naming....when the name exists?

[Salt on your Bass?]

Hi Guys,

This may have been covered before, but my new band have just settled on a name. Great, apart from the fact that I've just checked the internet to find that the name exists but not sure if the band are active (there's a few bits uploaded in 2013 here and there - myspace and last FM). They are Canadian and independent/unsigned.

Is it wiser to just go for something else, is there any legal problem with this - short or long term? Anyone in the know on this kinda thing?

Many thanks

[superclive]

Don't think it matters unless either of you get signed or go professional. In which case you only have to change your name slightly in Canada. Suede had to be London suede in the states.


[url="http://www.shortlist.com/entertainment/bands-forced-to-change-their-names"]http://www.shortlist.com/entertainment/bands-forced-to-change-their-names[/url]

[Skol303]

In all honesty it's only really an issue when you - or the band with your namesake - start earning significant money; or if the name has been trademarked (i.e. legally protected).

If both bands are earning a modest income then there is of course potential for a legal case to be brought by one of the parties. But it would typically be a tangled mess to sort out and not something that would be affordable unless the band instigating the lawsuit was earning sufficient buck$ to pay for it.

You might get cases where one band pays a modest fee to a lawyer to write a 'cease and desist' notice, but these are notoriously difficult and expensive to enforce.

In short: if the other band are signed to a label or seem to be 'established' then I'd choose something else - if only because you're going to be fighting a PR battle to differentiate your own band from their publicity. If they have a page on Bandcamp, etc, but that's about it then I personally wouldn't worry - especially if they're in a different country.

PS: I'm not a lawyer, so none of the above is fact

[Dave_the_bass]

General rule of thumb:

Do they play the same genre of music? If not then anything more than a passing confusion is doubtful.

If they do play the same genre:
Are either of you signed. If yes it can leas to issues or publicity.

Are you in the same country? People can get mighty pissed off if they think you're attracting their fans to your gigs.

How long does their history go back?

I say all of this from the position of being in the middle of renaming our band at the moment. We'd just decided to start getting our brand out there now that we're starting to look at booking gigs only to find there's another band with the same name. They are:

1, playing a similar style of music

2, only about 50 miles away

3, playing some fair sized gigs supporting signed bands

4, have evidence of using the name for over 3 years.

[Lozz196]

[quote name='superclive' timestamp='1382705446' post='2255665']
Don't think it matters unless either of you get signed or go professional. In which case you only have to change your name slightly in Canada. Suede had to be London suede in the states.


[url="http://www.shortlist.com/entertainment/bands-forced-to-change-their-names"]http://www.shortlist...nge-their-names[/url]
[/quote]

Yes, we (before I joined that is) had to have all the CDs sold as The UK Daves as there are many other bands called The Daves apparently.

[Dad3353]

Are all the good names already gone..? There must be a few left, surely..? I suggest The Xergrudelybooglers. Look it up if you must, but I doubt it's been bagged yet.
Hope this helps.

[fatback]

I have to disagree with the idea that it doesn't matter if the name exists. I argued furiously with my band over this, and in the end the decision was to go with a name that existed already. Result, an enormous list if you search on youtube or google.

Totally unnecessary obstacle for potential fans. A big pain, and that's for a band not involved in contracts, record companies etc. .

Edited October 25, 2013 by fatback

[Dandelion]

My band "The Xergrudelybooglers" resent that our name has been used in this thread.

Please cease and desist.

[Dad3353]

[quote name='Dandelion' timestamp='1382716920' post='2255896']
My band "The Xergrudelybooglers" resent that our name has been used in this thread.

Please cease and desist.
[/quote]



...

[Skol303]

[quote name='fatback' timestamp='1382716400' post='2255887']
I have to disagree with the idea that it doesn't matter if the name exists. I argued furiously with my band over this, and in the end the decision was to go with a name that existed already. Result, an enormous list if you search on youtube or google.

Totally unnecessary obstacle for potential fans. A big pain, and that's for a band not involved in contracts, record companies etc. .
[/quote]

True, but it all depends on the level of exposure the other band has already generated. If they're PR-savvy and are all over social media, etc, then sure, it'd be a bad idea. If all they have is a Myspace page that hasn't been updated since 2010 then it's fair game in my opinion

[Bikenbass]

I'm Xergrudelyboogler!


[attachment=146892:spartacus.jpeg]

Edited October 25, 2013 by Bikenbass

[Dad3353]

[quote name='Bikenbass' timestamp='1382718378' post='2255922']
I'm Xergrudelyboogler!


[attachment=146892:spartacus.jpeg]
[/quote]

Damned..! I should have chosen something a little more 'left-field', maybe..?

[Salt on your Bass?]

Thanks for the input, some interesting points. were gonna stick for the time - a lack of activity, lack of social media and different country from the other means were pretty comfy and at least aware. Sure theres plenty of names, including wfhidxhudgjjj but we quite like this one

Edited October 25, 2013 by Salt on your Bass?

[Dingus]

I had all kinds of problems when I started my own original band and decided to call them Led Zeppelin . I got the idea for the name one day on the bus coming home from the day care centre and it seemed to have a ring to it that I thought people would remember . Even after loads of rehearsals and a very slick demo tape we had terrible problems getting gigs due to the fact that no landlords seemed to believe me when I said that I was phoning on behalf of Led Zeppelin and could we have a gig on a Tuesday night . I cannot tell you the amount of times people just hung up on me.

Eventually the band broke up as a result of all the frustration , but fast forward a couple of years and it seems like four other blokes a bit older than us but who still sounded pretty amaturish had got the same idea. They had obviously been more successful in dealing with pub landlords than me and , lo and behold , before you know it they have sold out the O2 Arena and you can't get a ticket for love or money . Needless to say, I often think about how different things might have been had I been more persistant as I gaze out of the window at the day care centre/ secure unit .

Edited October 25, 2013 by Dingus

[leschirons]

I wouldn't worry about it. Last band I was in in the UK was called Midlife Crisis. At the last count (there is apparently a website just for bands with this name) there were 43 of the buggers just in the UK.

Anyway, Gary Moore's first major band was Skid row wasn't it? Didn't stop the other lot nicking it in later years.

I imagine the only time it gets to be a problem is when you're both in the same area, you're absolutely brilliant, and the other lot are absolute sh*te

[MoonBassAlpha]

Grow a pair and be Original. It will prove worth it.

[xgsjx]

There was a case a few years back with 7 different bands all called "Blue". The judge ruled that they could all be called Blue.

I spent ages looking for a band name & finally found it in something at work & believe it or not, there's not another band called Z Field.

[lazybones]

good band names "Suicide shift" its a gear change on a harley the one you take your hands of the handle bars, or i heard one on the radio to day ...the 5 [font=arial,helvetica,sans-serif]i"s .this is an agreement between america and britain not to spy on each other,just two i tband names i thought of recently[/font]

[Nick Riffed]

Call it the Jimmy Saville band.
I can't see there will be too many of those about.

[Heathy]

[quote name='Dandelion' timestamp='1382716920' post='2255896']
My band "The Xergrudelybooglers" resent that our name has been used in this thread.

Please cease and desist.
[/quote]

I think that I may now have to rename my band "The Essex Xergrudelybooglers" (unless that's already taken).

[mrtcat]

Gonna call my next band "The Rolling Stones". It maybe taken already (haven't checked tbh) but I don't care if it is and can't really see how it could lead to confusion anyhow.

[xgsjx]

What about The Stolen Rones"?

[BassTractor]

Sorry if this seems harsh, and I don't mean to be harsh, but me, I can't manage to get my head around why anyone would think they were in any way served by adopting a name they know is already in use.
This has boggled my mind for decades if not centuries.

That and the very notion that you have to walk around knowing you hadn't been able to come up with a name that is unique and works well with Google.

My take: open dictionary, blindfoldedly pick a set of words, combine several of them and repeat until reasonably satisfied, check for availability. Done.

Edited October 26, 2013 by BassTractor

[wmsheep]

[quote name='xgsjx' timestamp='1382772980' post='2256357']
What about The Stolen Rones"?
[/quote]

Sorry, but that is rather close to my new band, "The Stollen Rons", a German Oompah band who do 2 Ronnies covers!!