OT: Band Names

[Brooks]

I know this is completely off topic, but I figure this is just about the most professional amassing of musical dudes I know of, so I had to ask...


On the issue of band names and registering band names... If you come up with an idea for a name, but it is taken by an artist/artists completely outside of your genre, is it still off limits if theres no possible chance for mixup?

For Example, a metal band with the same name or variant of a house or Drum N Bass DJ? How exclusive does it have to be? I know there are two metal bands named the same, though the name eludes me... one's in California, ones in Europe...

Anyone have any knowledge on the subject?

 

[A Gruesome Discovery]

As far as copyright concern goes, there usually has to be some circumstance where the two bands could be easily confused. It's somewhat similar to trademarks on products; there can be a car called the "Crest" and a toothpaste called "Crest", because even the best car salesman in the world won't be able to trick you into driving a tube of toothpaste home, and thus no confusion exists. However, if a rival car company also came out with a car called "The Crest", then there's an infringement.
Unfortunately, this becomes blurry when it comes to the arts; I think you're ok because of the major genre difference, and a DJ isn't really a musician anyway, let alone a valid artist (ha, I kid- maybe). I'd say go with the name you have in mind, and if you ever get big enough that it becomes a problem (which would be a problem I wouldn't mind having myself), worry about it then.
An anecdote: I've been working under the name "A Gruesome Discovery" for a while now, and there's a black metal band called "A Gruesome Find" out in Ohio that recently put out a commercial release. After I found out, I was pretty depressed about it, because I thought I'd picked a good, unique name (a phrase they comically overuse on the news all the time whenever they find a dead guy or something). I'd invested a lot into it and didn't want to change it, but I also didn't want to be seen as ripping someone off, despite the fact that I'd arrived at this name independently. Eventually I just decided to stick with it because while they are similar names, any other name I pick will also belong to some local band in Bumfuck, Oregon, so I'm just going to be happy with it and realize that the way the modern world is, where everybody is online and can put their thoughts and ideas out there like never before, few ideas will be completely unique.

 

[Dawn Patrol]

You can always register your name as a trademark or copyright or something, but how and if it will hold down in court I don't know. I know that in the beginning of the expansion of internetaddresses, many people registered names (adress) of famous company and then sold it to them for big bucks, couse once it was reg...

 

[Razorjack]

I was told in college a few years ago that if you are the only band/artist in your country with the name you can register the name with a (insert country here) in the name, such as Fucknuts (UK), and whilst in that country you don not have to use the country identifier. If you then go to say the USA, and there is a band called Fucknuts, you do have to use the (UK) part.

 

[006]

You know, if you go to myspace and go to the music section, and just browse through the artists, you will find 50 of the same EXACT band names in a row here and there. So if I were you I wouldn't worry about it. I would focus more on writing and writing and writing and getting your music done and out there in any, way, shape or form rather than waste time with the inconsequential. When all is said and done, you're music will probably be a lot better than the other band's that have the same name anyway. Cheers.

~006

 

[NathanSoulfracture]

how do you go about registering a band name by the way?

 

[A Gruesome Discovery]

http://www.music-law.com/bandname.html

I'm sure there's all sorts of scam services that will claim to register your name for a jacked-up fee, so you may want to do further research. Don't deal with people who look like this:

 

[Troyanasy]

You know, if you go to myspace and go to the music section, and just browse through the artists, you will find 50 of the same EXACT band names in a row here and there. So if I were you I wouldn't worry about it. I would focus more on writing and writing and writing and getting your music done and out there in any, way, shape or form rather than waste time with the inconsequential. When all is said and done, you're music will probably be a lot better than the other band's that have the same name anyway. Cheers.

~006

I've noticed about 7 Piledriver bands on myspace haha
It can get very expensive to register for every country

 

[006]

A few things I was just pondering since I posted...Why even register it? It's just a name...I don't see the point in paying somebody else that has nothing to do with you so that you can use the name you came up with. Who gave who the authority to tell anybody that they have to "register" their band's name anyway? The system in which music works in seems very retarded lately. With the tablature crap going on, band name registry, and just things that have been going forever such as labels not accepting "unsolicited" submissinos etc....it's getting annoying. With the exception of a few things that seem neccessary such as copyrighting your music, it all seems so fucking rediculous. I can understand the copyright thing, I mean, nobody WANTS their music stolen from them, but very many other things involving the music business seem kinda...evil? I mean, why can't we just fucking play music? It's like one of the last things that still exist for people to fully express themselves. You can write a book, draw a picture, or make music. Not much else, generally speaking. Why does it have to be such a hassle to do so then? Bah.

~006