humanscale
Junior Member
Hello.
I co-founded and lead a music group for over 10 years, guiding it through membership changes that saw almost 30 people record and perform with the group in that time span, although usually as a band of 4-5. I alone am named as the "frontman" in newspaper reviews going back at least to 2005, and in online articles and college newspapers as far back as 1998. I am also credited on three records as the singer, and I alone have registered the name as a trademark.
However, in 2007 I asked my bandmates for a few months off to deal with work-related issues. The only other remaining member from the founding days and I had a falling out as a result of my request. The other members sided with him, as they were new to the band and coworkers of his at their day job. Although that founding member had not been as active in band management as I had been until just a few months before this, he changed all of our website passwords (to lock me out) before publicly announcing that the band had broken up, shutting down all of our websites and stopping album/merchandise distribution. In response, I made an announcement online that I would be taking a break but would return to the band after a short hiatus.
A few months later, and at first without my knowledge, the current lineup began to play concerts under a new name with the other founding member as the new singer. When I found out, I asked to rejoin them and was told that I was not needed. I was disappointed, but accepted this decision, thinking that I would be asked back in time if I mended the broken relationship. However, they soon changed their new name to the name that was used when I was in the band...the name that I had trademarked and had performed under for many years. I met them in person and asked them to change it, but they told me that they had "as much of a right to use it as" I did, based on our time performing together and the other founding member's past efforts.
This was one year ago, and they have since signed a small record contract and released a new album. They have also performed numerous times on stage, been played on webcasts and local radio, and been featured in national music magazines. This is all being done under a name that I created and protected, but was naive enough to allow (not legally) use of by someone else for too long. I don't know if they have been paid for performing under this name, but they did not exactly start from "zero," and I believe that they have benefited from my efforts and successes of years past. For example, I have evidence that they used recordings of me and positive press reviews of my singing in press kit materials to book concerts in those first few months after the split.
Now, I am attempting to release some new music with a new band, and I would like the opportunity to use that name so that I am not starting from zero either. Can I still use it? Can I make a legal request for them to stop using the name? I don't want to maliciously cause harm to my one-time-friends' careers, but do not feel comfortable allowing this to continue. What other legal options do I have?
I apologize for the long story, but I want all of the details to be heard so that I can get the best legal advice. Thank you for your time.
I co-founded and lead a music group for over 10 years, guiding it through membership changes that saw almost 30 people record and perform with the group in that time span, although usually as a band of 4-5. I alone am named as the "frontman" in newspaper reviews going back at least to 2005, and in online articles and college newspapers as far back as 1998. I am also credited on three records as the singer, and I alone have registered the name as a trademark.
However, in 2007 I asked my bandmates for a few months off to deal with work-related issues. The only other remaining member from the founding days and I had a falling out as a result of my request. The other members sided with him, as they were new to the band and coworkers of his at their day job. Although that founding member had not been as active in band management as I had been until just a few months before this, he changed all of our website passwords (to lock me out) before publicly announcing that the band had broken up, shutting down all of our websites and stopping album/merchandise distribution. In response, I made an announcement online that I would be taking a break but would return to the band after a short hiatus.
A few months later, and at first without my knowledge, the current lineup began to play concerts under a new name with the other founding member as the new singer. When I found out, I asked to rejoin them and was told that I was not needed. I was disappointed, but accepted this decision, thinking that I would be asked back in time if I mended the broken relationship. However, they soon changed their new name to the name that was used when I was in the band...the name that I had trademarked and had performed under for many years. I met them in person and asked them to change it, but they told me that they had "as much of a right to use it as" I did, based on our time performing together and the other founding member's past efforts.
This was one year ago, and they have since signed a small record contract and released a new album. They have also performed numerous times on stage, been played on webcasts and local radio, and been featured in national music magazines. This is all being done under a name that I created and protected, but was naive enough to allow (not legally) use of by someone else for too long. I don't know if they have been paid for performing under this name, but they did not exactly start from "zero," and I believe that they have benefited from my efforts and successes of years past. For example, I have evidence that they used recordings of me and positive press reviews of my singing in press kit materials to book concerts in those first few months after the split.
Now, I am attempting to release some new music with a new band, and I would like the opportunity to use that name so that I am not starting from zero either. Can I still use it? Can I make a legal request for them to stop using the name? I don't want to maliciously cause harm to my one-time-friends' careers, but do not feel comfortable allowing this to continue. What other legal options do I have?
I apologize for the long story, but I want all of the details to be heard so that I can get the best legal advice. Thank you for your time.
