Jeffrey Johnson is a legal writer with a focus on personal injury. Quotes and offers are not binding, nor a guarantee of coverage. A formal band agreement that defines ownership for all band members, past, present, and future, will minimize confusion. This article was first published by the International Law Office, a premium online legal update service for major companies and law firms worldwide. One member of our band just dropped out and formed a competing band using the same name. In such cases, the band name is owned by the controlling band member or members and the other band members have no … Later on new label owner Saul Zaentz told the boys to pick a new title. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected]. "Lexology is a valuable, trustworthy and informative source for domestic and International legal developments within a business related framework. Like any trademark, a band's name is an asset, and potentially a valuable one. If you have a moment, participate in our band name discussion or play one of our band name … ", © Copyright 2006 - 2021 Law Business Research. Review your content's performance and reach. The type of copyright most commonly used in musical ownership is called a “service mark.” Service marks are meant to show creative ownership of a service, since most bands provide entertainment as a service rather than as a product. 39. Then you are in the right place because here you can easily find some Cool Band Names and also some collections of Unique, Clever, Good and Catchy Band Names Ideas also. 'The Rolling Stones' comes from the Muddy Waters tune 'Rollin' Stone Blues') and modified words (.e.g. Band Name Maker. Jeffrey Johnson Here's how the band name generator works. They also have a common interest in preventing the name from being misused. Understand your clients’ strategies and the most pressing issues they are facing. If we were the first to use the band’s name in the marketplace, doesn’t that count for something? Written by Didn’t see Project 86 listed…they’d be top 15 for me. In the case of UB40, on the one hand the remaining six members of the band were in the majority, but on the other, as Campbell argued, what is UB40 without its frontmen? The date of the full trial is expected to be announced shortly. Well-known bands focused on their success, screaming fans and fame – and IP rights were not given a second thought. In applying this principle in the context of a band name, in most cases it may be impossible to attribute ownership to a single band member, as the founding band members may be jointly responsible for conceiving the name, in which case they would jointly own the rights to the name. Keep a step ahead of your key competitors and benchmark against them. This doesn’t influence our content. It can be bought, sold and commercially exploited and like other IP rights it should be properly protected and enforced. They commenced a legal battle against Campbell and his band in the UK high court, most recently applying for an injunction and damages against Campbell and his band. Registration could also be obtained in goods classes covering merchandise featuring the band's name (eg, digital and other records, CDs, clothing and other products). Band Name Generator Tool V2.0. If you need help naming your band, try out our generator or read our band-naming tips. Some simple solutions are: The name is owned by one or more members, and only a band that includes that member or members can use the name. A band name would normally be registered in respect of entertainment and related services, including live performances in Class 41. A band name is a brand name. Disclaimer: Red Rocks: rare, like how rare your literal band name… Federal trademark registration of your band name provides nationwide use of the name … Retrieve the form for the initial trademark application … An acronym is a set of letters created using the first … Please contact [email protected]. The next generation search tool for finding the right lawyer for you. From a legal perspective, the issue of who owns a band name usually falls under trademark law. How and when does a trade mark become generic? And which band members if any, can continue to use the name of the band in the event that members leave or the band breaks up. 38. What happens to our name if there is a breakup? Indiesound … Can a band use a name that is already trademarked? • 2Cellos — The band consists of two members, and each one plays a cello. 311 could be top 10 as well. This may be an individual, a legal entity such as a sole proprietorship, a corporation, or a partnership. Even as employees, however, the lesser band members can receive either a salary, a percentage or both, though if they do receive a percentage, it’s usually considerably less than that of the major band members. A band name may be owned by the members or by whoever has taken the band under contract. Apparently the name consisted of the following elements: Tom Fogerty’s friend Credence Newball, whose name they changed to form the word Creedence (as in creed); Your band name is important which is why this easy to use tool helps you generate great band name ideas to inspire and help you choose the right name for your band. On each click, a unique band name will be generated and shown to you on the screen. Instead of debating ownership, the parties should have an agreement in writing, and show ownership by filing a band name with the Patent and Trademark Office in Washington, D.C. As a general rule, all the people who form the band also form the band name: they have common ownership in promoting and benefitting from the name. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. But rules are made to be broken, amongst angry punk names… The remaining six members of UB40, including Campbell's brother, took issue with this, claiming that they were the only ones who could call themselves UB40. The application was withdrawn following opposition from the remaining members of the original band. Of course, if the band members themselves want to retain ownership, it is always preferable to get this and other band issues agreed upon in writing. Complete the application. Find the right lawyer for your legal issue. As a result, a band name is registrable subject matter with the United States Patent and Trademark Office (USPTO). Pay the filing fees. You can also capitalize on the known qualities of your zodiac. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. The TRO prevents their former manager Lizza G. Nakpil from claiming sole ownership of the band's name while the case and appeal issued by both parties are still being studied by the court. Ownership. The band name usually belongs to all of the members of the band, but written agreements can completely change ownership. Ownership of a bandâs name depends largely on whether there is an informal or formal arrangement in place, and what those agreements consist of. In the past performing artists have been quite laidback about their IP rights. Unfortunately, this sometimes leads to negative consequences, as managers may have a concept in mind for a band, find members to sign on, and then be in dispute with the band members over ownership of the name and other details associated with it, such as concert dates, royalties, and promotions. From a legal perspective, the issue of who owns a band name usually falls under trademark law. With ours, you select a genre and it will deliberately look for cool band names that ‘sound right’ for the genre of music you’re in. Copyright © 1995-2021 | FreeAdvice.com | 15310 Amberly Dr, Suite 250, Tampa, FL 33647 | Privacy Policy | Terms & Conditions | CCPA. It might seem obvious, but the very first thing you need to do, if you haven’t already, is think of a good Campbell sought to block the injunction, but the court found in favour of the remaining members, stating that they had a "realistically arguable basis" for their complaints. If you already have a band, be sure to register it in the Wordwide Band Registry. You can generate as many band names … Our goal is to be an objective, third-party resource for everything legal and insurance related. The name UB40 is not registered as a trademark, although the European Intellectual Property Office's records show that Campbell filed an application to register it as a trademark in his own name in 2013. Not only does U2’s name have an origin story, but its lead singer has one for his own name as well. The band name could be owned by anyone or everyone, even someone outside the band, so your best bet is to create a written agreement resolving the matter. It is not uncommon for band names to be registered as trademarks by the band's record label or producers but without a registration, who owns the rights? All legal content, insurance rates, products, and services are presented without warranty and guarantee. Diverging from the pop rock of the early-1960s, the Rolling Stones pioneered the gritty, heavier-driven sound that came to define hard rock. Right? Fleetwood Macâs manager argued for years that he, not the band members, owned the name and the manager actually created a competing band to tour. Emergency: morbid and rushing. The band’s first suggestion was Creedence Clearwater Revival. U2 should deff be number 1. a7x and 3eb should be top 10 based on longevity. 37. Generating a cool band name with the band name generator is super easy. Questions? Welcome to the largest website on the internet dedicated to band names. This also covers the potential for discovering another band with the same or similar name. The general rule is, the name of a Band belongs in equal share to the musicians who made the Band famous. There are merits to both sides' arguments. The function of a trademark is to serve as a badge of origin – that is, to distinguish the goods or services of one party from the same or similar goods or services sold or offered by another party. In applying this principle in the context of a band name, in most cases it may be impossible to attribute ownership to a single band member, as the founding band members may be jointly responsible for conceiving the name, in which case they would jointly own the rights to the name. Avoid duplicate band names You don’t want to tour and record for years under one band name, only to find out that there’s another band working under the same name in another part of the country (or world). The two-page document issued on October 21 and signed by Executive Judge Eloida de Leon-Diaz partly reads: Use our free band name generator tool to generate band name ideas from over 10 million word combinations! A band or other entertainment group’s name may be protected – not by copyright – but by trademark law. The Rolling Stones are an English rock band formed in London in 1962. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. If the name is owned by contracting parties, then the producer, the manager, or sometimes the record company itself will own the name. A record of prior usage is an important factor in defending your name, which is what we provide with our … The latest of these is the disagreement between Ali Campbell, former front man of renowned British pop/reggae band, UB40, and the remaining members of the band, regarding the use of the band name. I am going to refer to a fictitious band which I am calling “Litigation”. Protect it. Finding trusted and reliable insurance quotes and legal advice should be easy. Our opinions are our own. It’S One of Those Situations That You Hope Never Happens to you. Choose if your band favors these two qualities. The dispute gives rise to an interesting legal debate. Let’s say you’re looking for a name for your jazz band. It can effectively outline who owns the band name and trademark, and who will continue to in the event of members leaving. Bearing in mind that the function of a trademark is to serve as a badge of origin, certain criteria may be relevant in identifying the good-faith owner of a band name. A band name may be owned by the members or by whoever has taken the band under contract. A trademark is a word, phrase, design, symbol, etc that identifies and distinguishes the products and services of the owner from those of others. They don’t lose their entitlement to whatever benefits that might bring in the future, just because they leave the Band. For example, if you create your band's name but do not register your name's trademark with the USTPO and a similar band registers a comparable name, the registered owner can, under law, prevent you from using your band's chosen name on all promotional materials across all areas of the U.S. where your band … If the mark does not refer to a living individual, but could be interpreted as a name (e.g., a band name that looks like a person’s name… A band name is a word that identifies and distinguishes the source of service (live performances) or goods (sound recordings) of one party from another. 'Metallica'). Trademarks are protectable in relation to the goods or services for which they are used or intended to be used. The newsfeeds deliver high quality summaries from leading experts in a user-friendly format. The last … When you can afford to, invest the money and secure the trademark. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice â for free â since 1995. The factors to be taken into account are not exhaustive and each case must be decided based on the particular facts and circumstances. The issue of band name ownership should be decided and agreed by the band upfront in writing, and comprehensive agreements regarding the commercial exploitation of the name should be concluded. Independently untangling ownership for the band is complicated not just by varying lineups, but also by multiple corporations set up by members over the years. The issue may have to be determined by looking at it from the fans' perspective. Data Protection and Privacy within Franchising. To view all formatting for this article (eg, tables, footnotes), please access the original. Here we collect these names for you, That you can easily pick a cool name from this list for your band. Virgo: simple band name that can hold so many meanings. You find band names that are puns (e.g. Disputes between band members can also lead to similar outcomes (e.g., Electric Light Orchestra versus ELO II). Once you've filled out the appropriate form, simply pay the … Before registering a mark, it is important to decide who owns the mark. Keep up the good work, it's most appreciated!. Turning to the question of who has the right to a band's name in the absence of a trademark registration or specific agreement, there are no set rules in this regard. Band name ownership The dispute gives rise to an interesting legal debate. We strive to help you make confident insurance and legal decisions. Cool Band Names: Are you looking for some collections of Cool Band Names? Insurance Lawyer. Why your band name should be protected by a trademark 1. Relevant questions may include who has been with the band the longest, which group has the most original band members, who was responsible for most of the songwriting and whose singing or playing was the most identifiable.1. You can also change this to Taurus or Capricorn, depending on what’s common. He earned a J.D. Register for a free subscription. Ownership of a band’s name depends largely on whether there is an informal or formal arrangement in … Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Registering on bandname.com will not give you exclusive ownership of the name, but will give you an audit trail of prior usage, which is crucial if you ever find yourself in a legal dispute over name ownership and prior usage. But TOP 5 I didn’t see listed Alkaline TRIO…they’re deff top 5 for me anyway. Fast forward 30 years, and the gentle bonhomie of metal was shaken to its core when Saxon founder members Graham Oliver and Steven Dawson registered the band name as a trademark in the 90s. Therefore, the issue must be determined with regard to existing trademark law principles. My band just signed with a major record company. After the songs and albums produced by a band, which are protected under copyright law, the band's name is arguably its most valuable asset and can be exploited commercially for substantial profits resulting from record sales and merchandising. The list of bands that have fallen from the top in this way is long. A band partnership agreement should outline who owns the band name. Become your target audience’s go-to resource for today’s hottest topics. As with most good things, a band's journey to fame and fortune eventually comes to an end, often because band members want to pursue solo careers, but also because disagreements between band members regarding the band's direction can result in the relationship crumbling. If we continue to use the name, he can’t. Laws on Appropriate Use of Force to Protect Private Property. The beauty of naming bands is that there are endless possibilities. We update our site regularly, and all content is reviewed by experts. This is simply a LIST OF 100 bands with numerical names or whatever. Although today IP issues receive much more attention and performing artists' IP rights are far more stringently policed and enforced, occasionally a skeleton leaps out of the proverbial closet. Our app is the best random band name generator for two reasons: Firstly, it won’t just give you any old random band name like many others do. They wanted to record a new album that got back to the prog roots of Yes, but the “Owner of a Lonely Heart” incarnation of the band owned the name. Campbell left the band in 2008 and recruited Mickey Virtue and co-UB40 front man Astro to form a new band, which they called "UB40 featuring Ali Campbell, Astro and Mickey Virtue". Create a Unique Acronym. From a South African law perspective, the person who can claim to be the good-faith owner of a trademark is the person who appropriated, originated or acquired the mark. Often these agreements allow former band members to promote themselves as “formerly of [band’s name],” although typically there are limitations placed on how this can be done. The band’s frontman, Bono, who was born Paul Hewson, got his stage name from his days running around in an Irish street gang as a kid.In those days, he went by the nickname Bono Vox of O’Connell Street, the first part … To explain how this works. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. UB40 was hugely popular in the 1980s and 1990s, and remained together for 29 years. Before choosing a band name you should do some targeted Google searches as well as trademark searches on the US Patent Office website (www.uspto.gov) and the Canadian Trademark Database (www.cipo.ic.gc.ca) before committing to the name. 'The Beatles'), references to other musicians (e.g. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. You'll be shown an empty screen and a button named 'generate band names'. Or the name is the exclusive property of the band as a group and not owned …
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