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Can you really copyright or trademark a band name? Goto Page: 1 2 [>] [»|]

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Metal_Maniac

PostPosted: Tue Jul 25, 2006 6:58 pm


ok, so this is the story, our band is called Divine Chaos, we're from virginia, US, but there is this band from the UK, also called Divine Chaos. So today we got and e-mail from their management saying this:

To Whom This may Concern,

My name is Ben i manage a band in the UK called Divine Chaos, which have been established for some time and own the copyrights to the name, the songs, and also have a publishing deal which reinforces this. I am very sorry but i have been advised to ask you if you could change your name as, 1. it is illegal, 2. it is unfair on our behalf as your band and site will gain hits and attention from the thousands of pounds Divine Chaos spend annually on advertising, marketing and promotion. I do not mean to come across as being unreasonable, however if you were in the same position you would be advised to do the same.

please email me with any queries as i wish for the transaction to as smoothly as possible, apologies for any inconvenience this may cause.

P.s you are extremely talented musicians.

Thankyou,

Ben / DC Management



But then our friend did research on this thing of copyright and trademark and it said you cannot copyright a name but you can trademark or something like that. and then he look online on archives and theres nothing under the name Divine Chaos not in the US or the UK.

We were thinking maybe he's just Liying to us or something. So we're still deciding to change our name or say screw you.

what do you guys think?


If you wanna see a video of us playing or also, soon we will be putting some music, we're just finishing the demo. Check:

myspace.com/divinechaos1
PostPosted: Tue Jul 25, 2006 8:29 pm


I"d advise you to get some legal aid and ask about it. If its not true than why bother changing your name. it'd be stupid. Kind of like someone named joe being sued for having the same name as someone else. like John smith etc.

navybluewolf2
Crew


trumpet7

PostPosted: Sat Jul 29, 2006 7:46 pm


navybluewolf2
I"d advise you to get some legal aid and ask about it. If its not true than why bother changing your name. it'd be stupid. Kind of like someone named joe being sued for having the same name as someone else. like John smith etc.

well ya but people might be confuised by the two if say they have heard oif both then it might be better to vchange it anyway
PostPosted: Sat Jul 29, 2006 8:04 pm


Yea, I don't know the legal stuff is very touchy and I'm not laywer and i've never even thought about law school lol....I'm more of the type to go out and bust someone more than the other stuff

navybluewolf2
Crew


Triste

PostPosted: Sat Jul 29, 2006 8:32 pm


*coughattheraconteurs/saboteursscenario*

I did a 15-minute google crawl and pretty much would suggest this course of action: negotiate with them. They seem to be on their way "up", and even have their own MySpace as well ( http://www.myspace.com/divinechaosband ). If we compare membership join dates, you predate them by a good two months--but that's flimsy evidence that won't back up when the band actually started.

You might want to raise these points with them:
*. whether they're planning to play only in their province/country (because legally there should be no issues if that is the case),
*. if they have signed a recording contract,
*. and WHY this so-called manager said that they've "copyrighted" the band name, which is total bullshit as scores of reputable websites have said near-nothing about a worldwide trademark registration (I might be wrong in this case)

They have no possible way to force you to change unless they're more famous than you on your home turf, as far as I can see. And even then, the internet is almost a free-for-all where everyone's concerned; there's even another Divine Chaos band somewhere in Canada.

References:
http://onstagemag.com/ar/performance_making_mark_secure/
http://www.ubl.com/nrp/content/faq.php
http://ask.metafilter.com/mefi/15902
http://www.apra.com.au/writers/FAQ/bandnames.asp
http://www.garageband.com/help/infringements411.html
PostPosted: Sun Jul 30, 2006 10:23 am


I found this as well (http://www.myspace.com/divinechaosband). Not sure about any of the legal stuff, but yeah, I suggest talking to them about it.

Sachi_x


AshWufei
Vice Captain

PostPosted: Sun Jul 30, 2006 1:28 pm


On the note of copyrighting names of bands, anyone else see that Tommy Lee and the gang (the producers of Rockstar: Supernova as a whole) are getting sued by a band in southern California, who claims that theyve been releasing albums and touring with the name Supernova since 1990? Should be interesting to see if the little guy triumphs over money this time around. . .
PostPosted: Sun Jul 30, 2006 7:11 pm


Triste
*coughattheraconteurs/saboteursscenario*

I did a 15-minute google crawl and pretty much would suggest this course of action: negotiate with them. They seem to be on their way "up", and even have their own MySpace as well ( http://www.myspace.com/divinechaosband ). If we compare membership join dates, you predate them by a good two months--but that's flimsy evidence that won't back up when the band actually started.

You might want to raise these points with them:
*. whether they're planning to play only in their province/country (because legally there should be no issues if that is the case),
*. if they have signed a recording contract,
*. and WHY this so-called manager said that they've "copyrighted" the band name, which is total bullshit as scores of reputable websites have said near-nothing about a worldwide trademark registration (I might be wrong in this case)

They have no possible way to force you to change unless they're more famous than you on your home turf, as far as I can see. And even then, the internet is almost a free-for-all where everyone's concerned; there's even another Divine Chaos band somewhere in Canada.

References:
http://onstagemag.com/ar/performance_making_mark_secure/
http://www.ubl.com/nrp/content/faq.php
http://ask.metafilter.com/mefi/15902
http://www.apra.com.au/writers/FAQ/bandnames.asp
http://www.garageband.com/help/infringements411.html


that's awsome, thanx for the research ad suggestions

Metal_Maniac


Triste

PostPosted: Mon Jul 31, 2006 2:25 am


No problems.

But y'know, anyone who's got time to spare, half a brain, two hands, a computer and an internet connection should learn how to research; and Google is all you need.
PostPosted: Fri Aug 04, 2006 7:21 pm


ide check it out first

Iron_Zombie


Xenin

PostPosted: Fri Aug 04, 2006 7:42 pm


all Ill say is that Linkin Park's original name was Hybrid Theory, they had to change it because some band called Hybrid sued their asses so...yeah
PostPosted: Sun Aug 06, 2006 12:56 am


Just Hybrid? I'm guessing they just didn't want to fight for the name. Pretty sure they would have won the case.

DigitalTrowa


Bassios

6,250 Points
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PostPosted: Thu Aug 10, 2006 2:17 pm


    Actually, I think the band was called 'The Hybrid'. Which means that if my band ever takes off, we're probably gonna have to change our name too, We're 'Hybrid Synapse'.

    >.>
    <.<

    And, As far as I'm aware, Its impossible to copyright something like that, but I'm probably wrong
PostPosted: Sun Aug 13, 2006 5:01 pm


so what did you guys come up with for the whole copy righting a band name???

navybluewolf2
Crew


Metal_Maniac

PostPosted: Sun Aug 13, 2006 7:01 pm


we're just gonna keep it, f**k them, we're in different countries, and it's not like any of us is going to get famous soon. you never know but yeh.
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