Uncomfortable band name situation...

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LadyX

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My jurisdiction is: USA

I have a band that was officially formed in 2004. There are numerous press releases relating to our band and it's formation (and the year it was formed) all over the internet...etc. Our name is very uncommon and even has a special meaning...etc. We even did an internet search when we created it in 04' and there was not anything that even related to our band's name. We have been somewhat inactive for a while due to some personal band issues, but we own the myspace for it...etc. Our band also plays an uncommon underground type of genre.

We are now making plans to release an album and came across something on the internet...it seems that as of Aug. 2008, a band in the same uncommon genre has used our unique band name as their new album title. I'm pretty sure that they have seen our band name on the internet being that they play the same uncommon type of music and are part of "the scene." Our name is highly unique and tied to our band...as a matter of fact it's not just a one word name. My fear is that this situation may create some confusion and even damage our reputation a little because their band is strongly tied to Satanism..etc and we don't want that as part of our image...etc.

I know this situation is a little fuzzy, but is there anything we can do about it? Any advice is highly appreciated.

Some of our fans have even mentioned to us that there's a band that's "obviously biting us off." They also live in the same country as us.

Thank you in advance.
 
You need to speak to a trademark lawyer. This issue is highly specialized. You will probably need to retain an attorney who, at the very least, will need to send them a cease and desist letter and quickly. Be prepared to pay an attorney to protect your reputation and also to file a trademark as you should have from the beginning.
 
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