Enmitygauged Posted July 1, 2011 Share Posted July 1, 2011 My band just got sued because our name (I now cant say it for legal reasons) is close to another bands name although we use ours in reverse with more words. oh well I guess its time for a name change Link to comment Share on other sites More sharing options...
G McBride Posted July 1, 2011 Share Posted July 1, 2011 Now you can be the band Formerly known as -------------? Link to comment Share on other sites More sharing options...
Tman Posted July 1, 2011 Share Posted July 1, 2011 Awful experience. Best of luck. In perspective, trivial compared to a lot of things. Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 1, 2011 Author Share Posted July 1, 2011 Now you can be the band Formerly known as -------------? lol true Link to comment Share on other sites More sharing options...
damian Posted July 1, 2011 Share Posted July 1, 2011 Holy smokes.....I had just sent you a PM....Interesting timing.... More research for me to do then..........I love the law, well, studying it........ Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 1, 2011 Author Share Posted July 1, 2011 Holy smokes.....I had just sent you a PM....Interesting timing.... More research for me to do then..........I love the law, well, studying it........ Its ok after a quick run around to the band we jumped at a new name. I'd been keen on the New Name of Bushkill Park for awhile and this to me is fate saying use it. So ive registered it with APRA and its now our name. So yeah Bushkill Park formally known as >>> Alibi on Monday!! ( I think I can say that now :P) Link to comment Share on other sites More sharing options...
jaxson50 Posted July 1, 2011 Share Posted July 1, 2011 Change you're name to; The Band Formally Known. or, Formally Known as a Band Link to comment Share on other sites More sharing options...
damian Posted July 1, 2011 Share Posted July 1, 2011 Its ok after a quick run around to the band we jumped at a new name. I'd been keen on the New Name of Bushkill Park for awhile and this to me is fate saying use it. So ive registered it with APRA and its now our name. So yeah Bushkill Park formally known as >>> Alibi on Monday!! ( I think I can say that now :P) Good new band name........No one can copywrite song titles or album titles...." Alibi On Monday " could be a good title.... [thumbup] .... I'm still going to study the issues regarding band names.....It may come in handy...... Link to comment Share on other sites More sharing options...
fl00dsm0k3 Posted July 1, 2011 Share Posted July 1, 2011 best of luck in court Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 1, 2011 Author Share Posted July 1, 2011 Good new band name........No one can copywrite song titles or album titles...." Alibi On Monday " could be a good title.... [thumbup] .... I'm still going to study the issues regarding band names.....It may come in handy...... I was thinking Sued by Alibi for the album name lol Link to comment Share on other sites More sharing options...
flyingarmadillo Posted July 1, 2011 Share Posted July 1, 2011 You can't copyright a band name but you can trademark it: http://www.copyright.gov/help/faq/faq-protect.html From the government website: "Can I copyright the name of my band? No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information." Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 1, 2011 Author Share Posted July 1, 2011 You can't copyright a band name but you can trademark it: http://www.copyright...aq-protect.html From the government website: "Can I copyright the name of my band? No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information." Ive applied here in Australia to the local trademarks registration for the new name $260 later. I have to the apply in each and every trademark office in the world technically ( but I will just do the USA from here) Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 1, 2011 Author Share Posted July 1, 2011 actually this could work in your favor especially if the other band is a well known national act; they will come off being a bully (like Lars in the Napster case) and you will get great exposure. Us it to your advantage. I thought about it. but Im a pretty fair kind of person and I'd be peeved if someone came along and did that to me even if it was done unknowingly. fairs fair good for them they got it first. even if its not identical Link to comment Share on other sites More sharing options...
retrosurfer1959 Posted July 1, 2011 Share Posted July 1, 2011 Did they actually file a law suit or just send you a typical cease and desist letter? If it's a lawsuit good luck that can get expensive. Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 1, 2011 Author Share Posted July 1, 2011 Did they actually file a law suit or just send you a typical cease and desist letter? If it's a lawsuit good luck that can get expensive. Basically they told me I have 24 hrs to delete all online reference of the name and announce a new name or they will be giving their lawyers the go ahead. Via twitter mind you. So yeah ive done all that. its sorted but still kinda funny. I prefer the new name anyways Link to comment Share on other sites More sharing options...
pippy Posted July 1, 2011 Share Posted July 1, 2011 Best of luck with the new name and I trust you are seen by the other party involved to be complying with their request. As you suggest; it might just be that Fate brought it about! P. Link to comment Share on other sites More sharing options...
retrosurfer1959 Posted July 1, 2011 Share Posted July 1, 2011 Good I'm glad it's not a lawsuit - now you nee to write a song about it though maybe call it no Alibi required or ??? Link to comment Share on other sites More sharing options...
LarryUK Posted July 1, 2011 Share Posted July 1, 2011 I was going to call mine 'Deep Sabbath with purple black' Perhaps I'll change it. Link to comment Share on other sites More sharing options...
cookieman15061 Posted July 1, 2011 Share Posted July 1, 2011 So your band never really got sued. Link to comment Share on other sites More sharing options...
damian Posted July 1, 2011 Share Posted July 1, 2011 So your band never really got sued. " Notice of Tort "................Legally, means being sued...... Link to comment Share on other sites More sharing options...
Guest farnsbarns Posted July 1, 2011 Share Posted July 1, 2011 Can I know the name of the other band? I happen to be going to the Foo's concert in Milton Keynes tomorrow with half of the letgal team from a major label. Link to comment Share on other sites More sharing options...
saturn Posted July 1, 2011 Share Posted July 1, 2011 What if you were called No Alibi For Monday" ? Link to comment Share on other sites More sharing options...
ChanMan Posted July 1, 2011 Share Posted July 1, 2011 A. I'm pretty sure Twitter is not a valid communications venue for serving a legal notice, because there has to be proof that you received it. B. If they had actually contacted their atorneys, there would be the aforementioned "cease and desist" letter prior to the actual filing of the lawsuit. Having said that, I like the new name better, anyway, and hope Karma visits the dweebs who tweeted you with a vengeance :). Link to comment Share on other sites More sharing options...
cookieman15061 Posted July 1, 2011 Share Posted July 1, 2011 " Notice of Tort "................Legally, means being sued...... What? In Italy it means ya got pasta on your shirt.. Link to comment Share on other sites More sharing options...
Enmitygauged Posted July 4, 2011 Author Share Posted July 4, 2011 Can I know the name of the other band? I happen to be going to the Foo's concert in Milton Keynes tomorrow with half of the letgal team from a major label. Im according to the notice not allowed to put out the name of the Band. I can say my bands name was Alibi On Monday their name didnt have the middle word and was kind of a mirror of our name. Im sort of over it and the band have agreed to go with Bushkill Park I prefer it to be honest Link to comment Share on other sites More sharing options...
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