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How do you know?

Posted: Wed Jun 03, 2009 10:18 am
by BigHurknFrontman
If your band's name is already taken? I've googled this topic, but haven't found a database or anything. Maybe I haven't Googled DEEP enough? Just curious.

Posted: Wed Jun 03, 2009 10:54 am
by Scott (S2C)
You could always check the national trademark/copyright websites. Might require a bit more digging, but those will be the LEGALLY taken names.

Posted: Wed Jun 03, 2009 4:42 pm
by ophidian
Does it really matter if a band name has already been taken if the band that has "taken" it does not really have a fan base, distribution, label support or attorneys. I mean really, if four kids hanging out in one of their parent's garages "form a band" and name it for example "Coolest Mother fuckin' Band in the World" and you were thinking of that name and decide to use it, you are probably safe using it and they are for that matter as well because neither of you are ever going to make it anyway to a point where having that name even matters and if it did, then your label would probably send a cease and desist letter to the other Coolest Mother fuckin' Band in the World and chances are they would have already all gone back to their day jobs and reality and given up anyway. I would pick a name that can easily be altered in the event another band has it and you don't want to compete with another garage band on the other side of the country also playing in their parent's garages, like for example legendary metal masters Savatage were originally called Avatar and they got a call from their label the night before their first cassette and album (yeah no discs in 82) were printed and told that Avatar was already taken - like duh! obviously, everyone knows Avatar rocked back in the early 80s. So the singer thought of changing it to Savatar but the guitarist morped it into S avat age. You get my point. So if you make your band name Coolest Mother fuckin' Band in the World and someone else has it, you can change it to like Coolest Mother fuckin' Band on the Planet or something similiar without changing the fact that you are the coolest mother fuckin' rockin' machine ever to exist. I read somewhere too that if you start a myspace page with the name for the band and put the "TM" symbol by your name that it means you actually own it - LEGALLY, like I'm talking SWAT team legally. If any other coolest mother fckin' bands in the world or planet try to take it, it's on. Bullet proof vans pull up to their parents garage, tear gas gets launched, snipers start taking people out and it gets intense. Fortunately that kind of onslaught would bring more attention to your band and you could do a showcase at the raid, where you play on the back of a semi and the SWAT helicopter has a guy film zooming in on your band while you rock the take down. Bottom line is, the name of a band can always be yours if your big enough. But my recommendation for a band name would be something so out there that the fact that no one would think of it to begin with by default would mean it could not already be taken. So put on some mind warping techno, fire up the bong, drop a couple of hits of E and put on a trippy flashing light in your room and fade away. When you awake right down the first three words you are thinking of and make it your band name -

O

Posted: Wed Jun 03, 2009 5:04 pm
by Blake NWR
ophidian wrote:Does it really matter if a band name has already been taken if the band that has "taken" it does not really have a fan base, distribution, label support or attorneys.
Yes, it does.

My friend Mike Scheidt was signed to Metal Blade with YOB and also with Middian. Thing is, Middian was challenged with a cease-and-desist letter by some shitty unknown band from Milwaukie named Midian (one D). You'd think Metal Blade woulda backed Mike up. Nope - they dropped his ass and he's been stuck with the legal costs on his own.

Google is your friend, as well as Scott's suggestion.

Posted: Wed Jun 03, 2009 10:05 pm
by Six6VI
I know exactly who that Milwaukee band is too and yes, they are pretty fucking shitty. Not only that, they hadn't been in existence for quite some time when they decided to take legal action. What a bunch of BULLSHIT.

Posted: Thu Jun 04, 2009 8:51 am
by pimp_randy_mack
Figuring out a band name that is not alraedy taken is hard. Unless you want a shitty name.