Question about a band name

[00gauge]

What is the name of your state?What is the name of your state? GA

Im in sort of unique situation right now and I hope someone here can give me some advice.....Ok, here it goes....My friend and I started a band a few years ago and it just consisted of the two of us. We produced a demo and we got signed to an independant record label based in germany. We got signed under this band name and we been going with the name for about a year now and we have not officially released a cd yet. We have released songs on compilations but that probably doesnt matter. Now here is the problem...The reason the cd has not been released yet is because my band mate wasnt doing his job and he hasnt been doing it for a long time...so I kicked him out... Now I would like to stay under the same band name since there has already been promotion and compilation apperances and stuff. But my exband mate doesnt want me to use it...but he doesnt want to use it either...he just doesnt want me to use it....I am still cooperating with the record label and they do not care who is in the band or not...and I know they want me to continue to use the same name...Now if I was to continue using the name is there anything legaly that he could do to stop me. We both started the band together and both came up with the name. Now before I go forward and release a cd under the same I need to know if he can cause any real problems....there are no trademarks on the name or anything..our work isnt even copyrighted as far as I know. I just need to know...

Also Im not sure if this is of any importance but after we came under contract with the record label two other people joined the band and assisted on the music and with live shows but that was unofficial to the public....and now since I kick the other member out they are officially in the band...The reason I mention this is because I read if there is like a 3 person band and 2 people kick one member out...the 2 people can continue to use the same name...

So if someone can give me any adive please do!
thanks

 

[divgradcurl]

We can't read your contracts, but most likely your record company has more rights to your name than does any individual member of the band -- you should check your contract to see what rights, if any, you have given away or retained with respect to the use of the name.

Now if I was to continue using the name is there anything legaly that he could do to stop me.

Well, again, the main thing here is what does your contract say -- but from a practical standpoint, it is unlikely that the other band member has any legal say in your use of the name.

 

[00gauge]

another situation just arose

Well the contract was a verbal agreement. An agreement that our music would be liscended to the record label.....so im really not sure what say the label has over the name, although i am pretty sure he has a big say in it.Im sure if need be the label owner could write us up an official contract if thats what was needed....

But heres the new situation.....after I kick him out of the band he got really pissed so he went and trademarked the name to himself just so i couldnt use it!! It was a real jerk thing to do but its what he did...now im sure the trademark hasnt gone through completly because he did it like a week ago....now...Was that legal for him to do?...seeing as how hes not in the band....can I contest it or something...he also copywrited my music that i made that he had nothing to do with the making of to himself and said i couldnt use it....It would be very easy for me to prove that I wrote all of the music though because I have all of the song files and all of the actual recordings....all he had was a cdr I burned him so he could listen and write lyrics to. IF yoiu need and more info regaurding my situation i will give but I need help kind of quikly..so please help me....

 

[Zain Jaffer]

In terms of legal stuff, I can't really give much of a help.

But from my perspective, he's angry and sounds very jealous.

Take him out for a coffee and try to resolve the situation and see if you can remain friends, I think his main motif for this is for revenge and his goal is to cause as much of a fuss as possible - I hope that is of help.

 

[divgradcurl]

after I kick him out of the band he got really pissed so he went and trademarked the name to himself just so i couldnt use it!!

Did he file a trademark application with the USPTO, or with your State's secretary of state? If he filed with the USPTO, you can protest the aplication -- read here for details, section 1503 to be specific: http://www.uspto.gov/web/offices/tac/tmep/1500.htm#_Toc536249468

If he filed with the state, contct your local secretary of state's office to find out whatever prcedures there may be for protesting an application.

Beyond all that, however, even if he were to obtain a registered mark, that doesn't necessarily mean that YOU can't continue to use the name -- obtaining a trademark registration does not give one the right to force people who have obtained common-law rights in the same mark to stop using the mark -- but it can be limiting, so if he has really filed for a trademark (and is not just messing with you), you should lodge a protest, just to protect yourself for the future.

he also copywrited my music that i made that he had nothing to do with the making of to himself and said i couldnt use it

He actually registered the songs with the copyright office and paid the registration fees? Are you sure he isn't just jerking you around?

all he had was a cdr I burned him so he could listen and write lyrics to

Well, if you wrote the music and he wrote the lyrics, then the ownership of the copryight for the song as a whole may be less cut-and-dried than you think -- generally you don't register music and lyrics seperately, and if you both contributed to the song -- one of you contributed lyrics, and the other music -- you both own the copyright to the song. You don't need his permission to play, record, sell, license, or whatever -- but he may be entitled to a share of any profits from the songs you wrote together.

You really should figure out how to try and resolve things before things get worse -- if your music becomes popular at all, and you start making any money, you can bet this guy is going to be popping out of the woodwork looking for his fair share. Maybe you should try and neogiate a buyout of whatever rights he has (or thinks he has), and have an attorney draft a lease for him to sign once he gets paid -- make sure he transfers to you any ownership in any copyrights of music you guys co-wrote, and make sure he abandons his trademark application, or turns it over to you.

 

[button_man]

We produced a demo and we got signed to an independant record label based in germany.

divgradgirl, does this have any bearing on the copyright/trademark issue?



just wondering?