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Band Name US Trademark Advice

GutBucketeer 12 Feb 13 - 06:44 PM
michaelr 12 Feb 13 - 07:15 PM
Bobert 12 Feb 13 - 08:11 PM
GutBucketeer 13 Feb 13 - 01:14 PM
GutBucketeer 13 Feb 13 - 01:17 PM
John MacKenzie 13 Feb 13 - 02:03 PM
GUEST,Seonaid 13 Feb 13 - 05:17 PM
Bobert 13 Feb 13 - 05:39 PM
Mysha 14 Feb 13 - 06:07 AM
Phil Cooper 14 Feb 13 - 04:06 PM
GutBucketeer 14 Feb 13 - 06:51 PM
Phil Cooper 15 Feb 13 - 12:04 AM
GutBucketeer 20 Feb 13 - 07:01 PM
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Subject: Band Name US Trademark Advice
From: GutBucketeer
Date: 12 Feb 13 - 06:44 PM

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


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Subject: RE: Band Name US Trademark Advice
From: michaelr
Date: 12 Feb 13 - 07:15 PM

Remind they guy (and yourself) what happened when Roger Waters quit Pink Floyd and then tried to force the rest of them to stop using the name.

Then have a good laugh at how ridiculous this is.


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Subject: RE: Band Name US Trademark Advice
From: Bobert
Date: 12 Feb 13 - 08:11 PM

Turn the radio up, Jimbo... Here's the deal... He can spend a lot of money on attorney's but his legal beef ain't against you, it's against "Snakehead Run" which is it's own entity... Now let's get real here... Snakehead Run would have to make a bunch of money (lol) to have anything that might conceivably be used to pay damages to disgruntled band mate...

Unless disgruntled has deep pockets to hire Johnny Cockran to win what??? $200??? $300???

It's going to take a minimum of $10,000 (probably more like $20,000) for disgruntled to win $200-$300???

If ya'll like the name of the band then keep on keeping' on...

B~


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Subject: RE: Band Name US Trademark Advice
From: GutBucketeer
Date: 13 Feb 13 - 01:14 PM

I think he wants it to block our use of the name on Facebook, Myspace, and in promotional material. For him, it's all about payback and making it difficult for us, and not really about any financial gain. Though for the life of me, I can't think of anything that the band did to him (except not accept him back).


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Subject: RE: Band Name US Trademark Advice
From: GutBucketeer
Date: 13 Feb 13 - 01:17 PM

And you know who it is. He plays mandolin.


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Subject: RE: Band Name US Trademark Advice
From: John MacKenzie
Date: 13 Feb 13 - 02:03 PM

Call yourself Snakehead Runs, it's different so he's fucked. People will recognise it, and all you have to do is add an 'S' to your title, wherever it is used.


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Subject: RE: Band Name US Trademark Advice
From: GUEST,Seonaid
Date: 13 Feb 13 - 05:17 PM

Each add a letter -- fair, eh?
Remaining band add "s" to get Snakeshead Run.
Odd man out adds "i" to get Snakehead Ruin.
Everybody happy now?
;-)


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Subject: RE: Band Name US Trademark Advice
From: Bobert
Date: 13 Feb 13 - 05:39 PM

Actually, "Snakehead Runs" could still represent a trademark infringement...

Who has control of the Facebook account, Jim??? If you do then keep on truckin'... If disgruntled does then you have a problem... IF everyone has then you have a problem...

Here's another idea... Just drive over to disgruntled's house and put a 55 gallong drum of ass-whup on him...

B;~)


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Subject: RE: Band Name US Trademark Advice
From: Mysha
Date: 14 Feb 13 - 06:07 AM

Hi,

I'm, of course, a lunatic born of parents who never wanted to see another war, but: What's so bad about getting together and talk it out?

It sounds to me like especially the lead singer is in no position to throw stones.

Bye,


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Subject: RE: Band Name US Trademark Advice
From: Phil Cooper
Date: 14 Feb 13 - 04:06 PM

I was curious and looked up some of your youtube videos. Good luck with the name conflict.


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Subject: RE: Band Name US Trademark Advice
From: GutBucketeer
Date: 14 Feb 13 - 06:51 PM

I created the original facebook page, but must have given him manager rights at some point. It was deleted last week (accidently). I've created a new facebook page with the same name and am trying to get the URL www.facebook.com/SnakeheadRun re-assigned to it. Right now it links to my personal facebook account (since the original page was deleted the link reverts to the creator).

Unfortuneately, he controls the reverbnation page and has changed the password on it so I can't access it.

Phil - thanks for viewing our videos.

JAB


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Subject: RE: Band Name US Trademark Advice
From: Phil Cooper
Date: 15 Feb 13 - 12:04 AM

Try starting a soundcloud page. I was able to under our name of February Sky and it was easy to download songs.


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Subject: RE: Band Name US Trademark Advice
From: GutBucketeer
Date: 20 Feb 13 - 07:01 PM

Any leads on someone in the States that I can contact about this issue for advice would be helpful.


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