Band name issue

[Brenglen]

What is the name of your state (only U.S. law)? MICHIGAN

Recently I have been threaten to be sued for a band name that is already in use. However, we've had the band name since 2008 and they argue they've had the trademark since 2009 however only in the state of New York but I believe its untrue because in 2009 their band name was different then ours and they changed their name to our band name about 4 months ago. Their argument is that they are now becoming famous and have their name on MTV for their songs however can they do that? can they sue us or can we counter-sue because we've had the name since 2008 (touring, promoting, myspace...etc.)

thanks

 

[FlyingRon]

It sounds like neither of you had trademark rights outside your respective states. Such is the way it is. Now one of you is outreaching into the other's area. Cease and desist letters like you got are the easiest (and first) thing that a lawyer does. Whether they pursue trying to sue you or whether they win is another story.

You don't have much course against them anywhere than in your state and you'd still have to argue that there's liklihood of confusion. But still you can throw a cease and desist letter back at them asserting your prior use of the mark.

There are other issues here that can't be answered without knowing the specifics (what the name is, etc...). If it is a strong enough issue to you, you'd be advised to see a lawyer. This will NOT be a "do it yourself" thing if it progresses to beyond the writing "cease and desist" letters.

 

[Brenglen]

Thank you.

So basicially if you don't have the money to hire a lawyer, bail out and agree to their terms.

I don't have a trademark on my band name. On our Myspace space, it shows when the site was created under the band name. The email that I received from their lawyer is outragious, especially when they say our band name is interfering with their band name when infact we've been carrying it since 2008 and they have been carrying it since March 2010.

Is this something to fight against or a waste of time and money?

thanks