smoe.org mailing lists
ivan@stellysee.de
From | Sam Smith <sam@lullabypit.com> |
Subject | Re: same band name problem |
Date | Thu, 15 Feb 2007 16:18:41 -0700 |
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Live and let live? Can't we credit music fans with sufficient
intelligence to differentiate between two bands with the same name?
Not to be a lawyer bitch here (especially since I'm not a lawyer and
avoid them at all costs), but I've had a little opportunity to deal with
questions of copyright infringement. You'll definitely want to consult a
lawyer who knows about the international issues. But if I'm not mistaken,
your claim to a name, brandmark, tag line, or other legal element
requires you to defend those elements vigorously. I once worked for a
company that others were constantly poaching on, and have been told by
people a lot more familiar with it than me that if you don't defend your
brand aggressively you can actually lose your rights to it.
This raises the spectre of them suing YOU for the name. So there are
valid legal issues at work. Be careful.
--
_______________________
Sam Smith, PhD
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