What happens when two bands have the same name?
When Two Bands Have the Same Name: A Legal Guide… It’s one of those situations that you hope never happens to you. But let’s face it: with millions of bands online, there’s actually a decent chance another active group has exactly the same name as you. And the likelihood increases if you are managing or working with several artists. So what to do?
Can a band name be a stage name?
Well, when we speak of a “band name” or an “artist name” we are referring to a stage name. A stage name is a name that an artist, musician, band, or any other entertainer uses instead of his real name. (this is often called pseudonym ) Let’s look at some examples:
Can a band trademark the name of a song?
A band generally cannot register trademark rights in the title of a single album or song to prevent other artists from using it. A title of a single work, however, may be protectable, and indeed federally registrable, for use in connection with ancillary merchandise, such as toys or clothing.
How did Dire Straits come up with their band name?
In the past, coming up with a band name used to be easy. You could go to your friend’s house, rehearse in the kitchen and suddenly come up with a unique band name. In fact: This is how The Dire Straits came up with their band name back in 1977.
Can a band keep using the same name?
The extent of “common law” rights your band name may have acquired will depend on how long, and in what regions, the name has been used. If your band name has been established in a particular region, it is possible to prevent subsequent bands from using the same name in that region.
Can a band in Atlanta have the same name as Seattle?
Thus, for example, a band in Atlanta, Georgia, with only a regional reputation in the southeastern United States can peacefully coexist with a band in Seattle, Washington, using the identical name. As long as each group stays within its zone of recognition, no confusion is likely.
A band generally cannot register trademark rights in the title of a single album or song to prevent other artists from using it. A title of a single work, however, may be protectable, and indeed federally registrable, for use in connection with ancillary merchandise, such as toys or clothing.
Which is the best name for a band?
Having been through the naming process so many times, either with my own bands or ones I’ve taught, I’ve learned that trying to find THE GREATEST BAND NAME EVER is a fool’s errand. The best you can hope for (and what most bands settle for) is the LEAST BAD BAND NAME. Many famous bands don’t like their name: