[mplpost] band name trademark

[thomas parker]

Hi Adrian and all,
Just this past winter we had a similar threat issued to us from a band in 
the States. It wasn't a case of the other band wanting us to buy their name 
though, they wanted us to cease and desist using our name, period. I 
consulted a lawyer and found that there are a number of courses of action 
(from budget to the "Cadillac" package). Bands that are represented by 
labels generally have the label's lawyers go after the offensive party if 
they're really serious, so the band's don't have to shell out the bucks (not 
directly anyway, but in essence the band has to work it off). Was this 
letter/email forwarded you by a lawyer from the band's label, or was it just 
some spokesperson? If so, you might want to seek your own legal counsel to 
reply. Until you do, make sure that you do <not> respond to the other band's 
letter.
You can search the band name on the internet to see if it is indeed 
trademarked. To check for Canada go to http://www.cipo.gc.ca  To check for 
USA go to http://www.uspto.gov . If it's not registered as a trademark, you 
don't have any worries. If it is then you could proceed to purchase the name 
(still best to consult with your own lawyer).
In all likelihood, if you've toured and recorded in Canada you probably have 
rights to the name here anyway. <But> if this other group has trademarked it 
in Canada you might be in for a hassle. Plus, if they haven't already, they 
could trademark the name in both Canada and the US (and Europe for that 
matter) if they had the financial resources. It's not cheap to do any of 
this, you need a lawyer or broker who works with trademarks, and to get 
trademarked in all three markets you're looking at over ten thousand 
big'uns. The easiest solution is to draw up some sort of contract in which 
you agree to peacefully coexist (tho' it sounds more like this other band 
isn't worried about coexisting as they're packing it in).
It sounds to me like this band is fishing around to see how much money you 
want to throw at them. My advice, and I'm no lawyer, is to check out these 
trademark websites, and then consider talking to an entertainment or 
trademark lawyer to see how to proceed from there.
good luck,
Colonel Tom
the backstabbers country stringband
Toronto, ON

PS - our apologies to Vancouver bluegrass/country music fans who went to see 
us and got the American punk rock Backstabbers instead the other week. 
Ahh...showbiz!


----Original Message Follows----
From: "Adrian Jones" <adrianjones@look.ca>
Reply-To: maplepost@icomm.ca
To: "Maple Post" <maplepost@icomm.ca>
Subject: [mplpost] band name trademark
Date: Wed, 27 Jun 2001 11:50:33 -0400

Hey Folks,

If I may, I'd like to raise my hand out of the "lurking" pit to ask a
question.  I received an email yesterday from a group in the states
informing me that they own the trademark on the band name that I am using
(with a very slight spelling difference).  They said that they might be
changing their name and would possibly be willing to sell me the rights to
it (no $ amount was given).  Have any of you been in this situation before?
Any info would be much appreciated.

Cheers!
Adrian Jones
www.thebandsnack.com

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