Band Name - Trademnark Infringement

[ssnyc]

Hi,

I have been using my performing name since the nineties in England in 1998 and in the US since 2005.

I own the registered trademark and another band is using the same name. It sounds exactly the same and does cause confusion.

The only difference is that the band have made it two words instead of one. I use both.

I have notified them and asked them to stop using it but do I need to also trademark the variation.

My understanding is that if the marks are similar in appearance, phonetic sound, or meaning there is infringement.

Just to give you an example if my name is "pearspeaches" they have called their band "pears peaches".

I own the domain name, myspace, facebook, ilike etc and have a greater reach. I've also been making music alot longer.

Although the music is not of the same kind, we are both in the same region.

Please can you advise me on how I can approach this situation?

Thanks

SS

 

[Michael Wechsler]

Trademark law, like all law, is designed to enable people to get along in the manner they are accustomed and, in particular, to protect the market from confusion. Your assumption is correct on the 1-2 word variation for the most part if you have a word mark (and not a drawing, e.g. merely the stylized letters in a band emblem). If someone created Coca_Cola brand cola soda, the small difference would not make much difference in answer the basic trademark question - would there be a likelihood of confusion as to the origin of the cola by such a mark being used? The answer is "yes" - people will still think that Coca Cola is the creator or somehow affiliated with the Coca_Cola company. Best of luck to you.

 

[ssnyc]

Hi,

Wow - that was so fast. Thank you very much.

SS

 

[Michael Wechsler]

Hi,

Wow - that was so fast. Thank you very much.

SS

We try.