Copyright and Trademark

[ajkregister]

Our sons band received a email from another band with the same name threatening legal action because they "have published and copywritten 3 full length albums under the band name". Our research shows that you cannot Copyright a bands name only the songs they have written, which is fine because our band writes original music. The Trademark part is a little fuzzy for us. Can you Trademark a name or just the way it is displayed such as in a logo? They are young and "freaking out" because they have played under this name at local shows for three years. Their logos and music are in no-way similar nor could be mistaken as one or the other. What can we tell our son? Information or pointing us in the right direction would be greatly appreciated. Thank you.

 

[Michael Wechsler]

Where did you discover that you cannot trademark a band's name and only the songs they have written? So are you saying that your son's band could call themselves "The Beatles" and try to sell records in the pop music industry? Has the other band filed any type of trademark?

 

[ajkregister]

http://www.copyright.gov/help/faq/faq-protect.html

An FAQ asks about a band name Copyright and the answer was no. As mentioned the Trademark thing is fuzzy. You may not be able to call yourself The Beatles, but wouldn't Beatles be different? The other band says they have applied for a Trademark. My research has turned up many other Trademarks with this name ranging from agricultural supplies to parts for gaming machines.

 

[ajkregister]

http://www.copyright.gov/help/faq/faq-protect.html

A FAQ asks if a band name can be copyrighted and the answer was no. You may not be able to use The Beatles, but wouldn't just Beatles be different? That is why the Trademark is fuzzy. I have found many registered Trademarks with their name ranging from agricultural supplies to gaming machine parts.

 

[clay]

Opine

Our research shows that you cannot Copyright a bands name only the songs they have written.

WRONG

Can you Trademark a name or just the way it is displayed such as in a logo?

YES, of course, why not, it is for protection, for exclusivity sake. It is ideal, factual, convenient and practical. It is permissive, allowed, licit, legal and sanctioned by law.

What can we tell our son?

Have them choose different name for their band that would be more catchy and relevant with their kind of music.