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Choosing band name - avoiding legal bullshit

3K views 27 replies 18 participants last post by  budda 
#1 ·
I am in the process of cooking up a new band and have a few name ideas, but wanna be sure I'm safe

Just an EXAMPLE (I'm not thinking of this particular name)
"Tarmalune"
https://forgottenrealms.fandom.com/wiki/Tarmalune

It's not trademarked ackording to this search:
TESS -- Error

Does that freepass me from hypothetically using "Tarmalune" as a band name?? <--- again, just an example! That would be a terrible band name since "tarm" in swedish means "intestinal" :lol:

I have a few other much better names I'm thinking of, which are from a couple of different locations in a certain PC action RPG game from 2000 :flex:

They are not taken ackording to Metal-Archives either.
 
#13 ·
Might start with social media... search your chosen band name, search Google, and search online listings in record stores, iTunes, etc. My opinion, but that's where I'd start.

As for a band name, might I suggest ".05mm Off?"
 
#23 ·
It really comes down to how it's being used, then in cases of disagreement, who can prove they've established it more.

A trademark is more the logo than the word. The "Mark in trade". I've had people try to argue they've used my graphic novel titles, and lose, because my stuff is far more established. If whatever you're looking up isn't established as a band name, take it and do what you do - which is build good bands with fans and all that, then don't look back.

And, my vote:

Sammy Solar and the Meat Frets.
 
#27 ·
It really comes down to how it's being used, then in cases of disagreement, who can prove they've established it more.

A trademark is more the logo than the word. The "Mark in trade". I've had people try to argue they've used my graphic novel titles, and lose, because my stuff is far more established. If whatever you're looking up isn't established as a band name, take it and do what you do - which is build good bands with fans and all that, then don't look back.

And, my vote:

Sammy Solar and the Meat Frets.
European law may be different, but under U.S. law you might be on solid ground to use the name for a band under these circumstances. Using the word for a place name in a game is a minor use and vastly different than a band name.

Trademarks are funny things, because even registered names can often be used by different people/companies as long as there's no chance for confusion between the two or any possibility that one party's use of the trademark would "dilute" the other party's use of it. Unlike copyright law, trademark infringement is not as clear-cut, since it depends on the circumstances of each case.
All makes sense!
 
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