When to use another bands name

Subject: When to use another bands name
From: GUEST,Wesley S
Date: 02 Jan 12 - 10:02 PM

My new group stumbled on a name for our band that we'd like to use. I did a web-search for it of course and found out that it had been used before and that group released some CD's. However - there is no mention I can find past 2008. The group has apparently broken up. They were located in North Carolina and we're in North Georgia. They were a straight ahead bluegrass band and it looks like we'll be doing mostly church gigs. We have no plans on trying to go national. We'll be doing this for fun. Maybe ever play some retirement homes. But we're not trying to go on the road or anything. I can't imagine that there would be any confusion about who we are.

So am I making a mountain out of a molehill? Is the name up for grabs if the only place I can find it is on Facebook with no activity for the past four years?

Subject: RE: When to use another bands name
From: GUEST,999
Date: 02 Jan 12 - 10:29 PM

Ask the group whose name you want to use.

Subject: RE: When to use another bands name
From: GUEST,Wesley S
Date: 03 Jan 12 - 10:15 AM

So your suggestion is to track down all or part of a band that broke up 4 years ago to see if all of them approve?

Subject: RE: When to use another bands name
From: Mo the caller
Date: 03 Jan 12 - 10:33 AM

Can you adapt the name to make it yours.
We wanted to use Cheshire Cats but found it was already in use (possibly by more than one) so we called ourselves Black Cat ceilidh and Barn dance band which distinguishes us from any other Black Cats there may be, but we can call ourselves Black Cat for short.

If it's a clever invention maybe the originals would want to keep it, but if it is something anyone might have thought up, like the Family Band then you'd expect to find several round the country. i'm in UK so don't know the legal position where you are (not quite sure of the legal position here)

If you found them on Facebook it would at least be polite to send a message on Facebook to tell them that you are thinking of using the name, possibly offering a link on your website where people who found you while looking for them could be redirected. See what reaction you get.

Subject: RE: When to use another bands name
From: Charley Noble
Date: 03 Jan 12 - 10:58 AM

It's well worth a search to determine if the name has been registered legally.

Otherwise, it's a question of courtesy.

Charley Noble

Subject: RE: When to use another bands name
From: Bee-dubya-ell
Date: 03 Jan 12 - 11:57 AM

Here's a trademark search site.

Just poking around a bit on that site, I found that some well-known bands have never sought trademark protection for their names (The Seldom Scene) or have allowed it to expire (The Country Gentlemen, The Subdudes). Legally, I guess you could call your band one of those names, but you'd probably be tarred and feathered by an angry mob of fans who thought they were paying to see the real band.

Subject: RE: When to use another bands name
From: GUEST,999
Date: 03 Jan 12 - 12:16 PM

"So your suggestion is to track down all or part of a band that broke up 4 years ago to see if all of them approve?"

Yes!

Subject: RE: When to use another bands name
From: michaelr
Date: 03 Jan 12 - 02:02 PM

I wouldn't worry about it.

Searching Facebook for "Greenhouse" (the name of my band) turns up 16 bands of the same name before ours, not to mention numerous businesses, cafes, clubs etc. I suppose we could all sue each other, but I don't expect that to happen.

Subject: RE: When to use another bands name
From: Leadfingers
Date: 03 Jan 12 - 03:02 PM

When I was asked if we had a name for 'our' duo and said "No" Sev suggested SilverSmith , so I Googled 'SilverSmith- Folk' and found dozens of jewellers and one Michael Silversmith in Claifornia ! So that was what we were for three years ! THAT was the easy bit , finding the name !

Subject: RE: When to use another bands name
From: GUEST
Date: 04 Jan 12 - 07:28 AM

Try going to the pub for a few beers and one might just come to you, it's how we stumbled across ours!

Subject: RE: When to use another bands name
From: Rapparee
Date: 04 Jan 12 - 08:30 AM

Here I thought this was going to be something like "We've got this gig at a gay biker bar and do we have to play under our own name or can we call ourselves 'The Rolling Stones'?"

I agree with 999 -- search 'em out and ask.

Subject: RE: When to use another bands name
From: Richard Bridge
Date: 04 Jan 12 - 08:51 AM

The law of passing off (to a first approximation the law of unregistered trade marks) differs considerably between the USA and the UK. I'm not sure about Canada.

Subject: RE: When to use another bands name
From: Dave MacKenzie
Date: 04 Jan 12 - 10:40 AM

Personally I wouldn't use a band name if I found out that it had been used before.

Subject: RE: When to use another bands name
From: Richard Bridge
Date: 04 Jan 12 - 11:59 AM

That's harder than you think. Dream one up then Google.

Subject: RE: When to use another bands name
From: GUEST,999
Date: 04 Jan 12 - 12:30 PM

Now, there's a name: Dream One Up

Good one, Richard.

Subject: RE: When to use another bands name
From: GUEST,grumpy
Date: 04 Jan 12 - 12:39 PM

It's easier than you think, Richard. Search 'band name generator' or visit http://www.bandnamemaker.com/.

Subject: RE: When to use another bands name
From: Bee-dubya-ell
Date: 04 Jan 12 - 07:08 PM

Every town in the US probably had a garage band named "The Jokers" during the 1960s.

Subject: RE: When to use another bands name
From: Richard Bridge
Date: 04 Jan 12 - 07:11 PM

Yes I know the band name generator.

"Dream One Up"? 1670000 hits in google. Now 1670001.