I need some advice. After 5 years, one of the members of my band "Snakehead Run" quit the band in a fit of rashness during an email exchange with the lead singer. Now, even after he has apologized for quitting the lead singer does not want him back. The relationship had been deteriorating for some time.

So, the member that quit is threatening to file for U.S. Trademark saying he owns the name Snakehead Run. In January 2007 we had about a month long debate on different names. I suggested Snakehead ???? and we went back and forth on what the second word would be (e.g noodlers, ramblers, ....) He actually suggested "Run" and the name became Snakehead Run. Since then however, he has not participated in marketing the band, advertising gigs, or really getting gigs. I developed the logo, the business cards, the CD graphics, and started and maintained the facebook page.   He did create a reverbnation page, but then never maintained it. I added pictures, videos, and music to the reverbnation page, and updated the verbal content.

Since the break up he has changed the password of the reverbnation page, and somehow the facebook band page "www.facebook.com/snakeheadrun" was deleted. We then recieved an email stating that he is filing for trademark ownership of the name.

Unfortuneately we did not have a band agreement in place. We really don't think that he has much grounds for ownership, since the band is continuing without him, and we have documented emails, etc. of his lack of participation in supporting the name, band presence, and identity, since the name was coined.

So how do we protect ourselves from this vindictive activity on his part? We don't want to necessarily file trademark ourselves, but we do want to block anything that he does. To our knowledge he has no plans to use the name himself, either in a new band or in marketing.

JAB