smoe.org mailing lists
ivan@stellysee.de
| From | "Bill Jones" <wigout6@juno.com> |
| Subject | Re: same band name problem |
| Date | Fri, 16 Feb 2007 02:49:29 GMT |
[Part 1 text/plain (1.7 kilobytes)]
(View Text in a separate window)
Rob writ:
> A band in the UK has just popped up with our name (Baskervilles).
It looks like they have been around for 3 months, and we have been
around for 10 years and have 2 releases. They don't seem to want to
give up the name. Any advice on what I should do?
That really sucks - you guys must've been pissed when you first
learned of this. I remember after I helped put out a compilation CD
in 1997 by my friends' band, The Secret Service (an '80s mod/R&B-
influenced garage rock act from Long Island), we heard from a New
Jersey-based group called "The Secret Service Band." If I remember
correctly, they contacted us and asked us to stop using the name, to
avoid confusing the public, or something like that.
First of all, I thought it was really dumb of them to have the
word "band" at the end of their name. It just sounded stupid!
Second, they looked really cheesy in the photos on their website,
which annoyed me. Third, although my friends played a few shows
in '97 / '98 after reuniting for the first CaveStomp festival in NYC,
they weren't planning to stay active, so we didn't care that much.
From some research I did back then, I'm fairly sure that one important
fact in establishing the right to your band name was whether or not
you had released anything publicly (as you have). I think this may
give you a leg up on them, at least in the U.S. You should be able to
find information on-line if you search on trademark law (I'll see what
I can dig up). As someone suggested, you should try to find a lawyer
to consult, preferably a friend who won't take all your money. A
little letterhead for future communications with this UK act can't
hurt! Good luck.
Be seeing you,
Bill
For assistance, please contact
the smoe.org administrators.