Band Names

[The Chairman]

OK, so a bunch of people start a band. And they decide to call the band (fill in name here).

How do they know the name isn't already taken? Do you copyright a band name? File legal papers? What happens when you hit it big and find out that some obscure band from Iowa had your name first? Is there a band registry?

When I was in 7th grade I formed a band and we called ourselves The Hives. Lasted about three months until our drummer reached puberty. Damn if I could have just registered that name like you do with a web site, I might be rich today.

CKAGA


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[spoon]

I still own the rights to the name "Liquid Testicle". It hasn't surfaced yet though.

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Nothing...i have nothing!

[Wolf]

I am not sure how intellectual property laws work, but if the band did not sell any products over state lines (interstate commerce), then the name is not able to be copyright material. Just my theory.

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[HordeKing1]

Anything "published" by writing may be copyrighted. Interstate commerce isn't necessary. Of course to protect yourself, you should register your name, or whatever you want copyrighted.

Then of course, there is the need of proving damage by use of your copyright. If you had a band called "the Beatles" in 1950 and they never sold an album, then the real Beatles came along and sold gazillions, you'd have a really hard time proving the use of your name, caused you financial loss.

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[Alice S. Fuzzybutt]

well, skidmark can tell this story better, but he doesn't post much lately.

skidmark's band is named "Digger Phelps," as in the retired Notre Dame Basketball coach.

To quote their website:

After one show as Courtney Love's Hole (which is, apparently, already taken... who knew?), they settle on Charlie's (half-joking) suggestion, Digger Phelps (who is a fictional cemetery caretaker... from a book... not a retired Notre Dame basketball coach. All right, well, he is a retired Notre Dame basketball coach, but that's not where they got the name from. They swear).

Anyhoo-- long story short, Digger Phelps' lawyer contacted them and wasn't too pleased about the use of his name. After some explaining that the band was legit and NOT using his name in a disparaging way, the lawyer convinced Digger that "the kids dig him and the rock and/or roll."

Like I said, skid could explain it better.

Ironically, and good for them, when you put "Digger Phelps" into the Google Search engine, the band's web site is numero UNO.

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This message was edited by Alice S. Fuzzybutt on 4-3-03 @ 9:17 PM

[East Side Dave]

We originally were 'The Originals.' But we found out that there was already a band called 'The Originals.' So we changed our name to 'The New Originals.' Then they changed their name to 'The Regulars' and we were going to change out name back to 'The Originals' but we figured what's the point.
-David St. Hubbins

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This message was edited by East Side Dave on 4-3-03 @ 9:45 PM

[Death Metal Moe]

Unhallowed was a name we thought up. We checked EVERY search engine, zine and asked around for other bands named it, and there where none. So we took it.

There was another one in Germany, but they disbanded.

Some little Fuckers in Rhode Island tried to steal our name. So after some internet trash talk, they changed it to Unhallowed Visions. Nice try, Deek.

I think they're done too. What a loss.

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[Arienette]

spinal tap reference.. yay! dave's my new best friend!

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[mikeyboy]

At least now, with the internet, it's a lot easier to tell if
there's another band out there with the same name.
Just check http://www.ubl.com and do a search on
google. If they aren't there, it's no guarantee that a
garage band out of Milwaukee doesn't already have
the name, but at least you know that the name is most
likely not taken by a larger, more well known band.

...and I'm always up for a Spinal Tap reference.


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[The Chairman]

Well I was just listening to Dinosaur Jr.'s album "Bug" on my new amp, volume set at 11, and it occurred to me that J. Mascis originally named the band Dinosaur, but they were sued by some band The Dinosaurs and J. had to change the name of his band to Dinosaur Jr. I have their first album on vinyl and it's just Dinosaur, but by You're Living All Over Me they are Dinosaur Jr.

Then there are bands like Xanax 25 that got sued for copyright infringement and had to change their name to X-25. And how about the punk band Face to Face? There was a one hit wonder band from Boston in the 1980's called Face To Face, no relation, which had a hit called "Ten, Nine, Eight."

But I still am wondering how a band can protect it's name. Most bands start out small and unknown, right?

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[TheMojoPin]

And if you're British, they just slap a "UK" on there if you want to distribute in the States.

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[JerryTaker]

I seem to recall there already being a band called "Incubus" floating around the goth world when the "wish you were here"- singing Incubus showed up.... As far as I can tell, nobody really cared....

...That's all I have to add, ding 1179...

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This message was edited by JerryTaker on 4-4-03 @ 6:16 AM