Discussion:
What is the name of your state?
-California
I have a question reguarding rights to a band name. My band, called Black Market Radio, has been playing in the Los Angeles area for about a year now and we recently got a e-mail from a band with the same name from New York City. They claim that they have all rights reserved for the band name and threatened that if we do not change our band name they will "take legal actions." My question is that, are they able to do so? and is there anything we can do to get around this and maybe even check if they in fact do have the name reserved? Please help, thanks a lot.
Answer:
I forgot to add that we are of a completely different genre of music as well.
Answer:
You can check to see if they have a federally-registered trademark by searching the database at .
Even without a federally-registered mark, they may still be able to claim common-law trademark protections -- however, the general rule is that common-law marks are only enforceable in the geographic region where they are used -- so if they are a NY band, unless they are playing gigs and selling CD's in CA, it is unlikely that they will be able to establish common-law trademark rights in CA.
If the have a federally-registered mark, you may have to change your name. If they do have a registered mark, go and see a local attorney with experience in trademarks to determine what your best course of action is. If they don't have a federally-registered mar, and they are not well-known in the areas where you play, ignore them until they actually sue you -- then go see a lawyer.
Unless you just don't want any hassle at all, then just change your name.
Answer:
This may help you: