Battle of the Bands (Copyright Infringement)

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

A band "The Tarantulas" is claiming trademark infringement on my band, "Scorpion vs. Tarantula" (in name only) Are they correct?

- The band "The Tarantulas" is claiming we are infringing on section 2d of the Trademark Act.

- The band "The Tarantulas" started their band before my band

- Both bands are currently in ArizonaWhat is the name of your state (only U.S. law)?

well, that's the problem with trademark law; you don't know if a court sees it as creating confusion until they rule on it.


They could argue that your name somehow suggests it is actually two bands appearing together or as two bands on the same appearance ticket. If that is their argument, I can see their point and would tend to agree. If a court would agree, of course, is the big money question.

btw: if the Tarantula's are correct, just think what the Scorpions would do with you once they heard about this.

this isn't "The Tarantulas" is it?

The Tarantulas - TARANTULA - YouTube

I don't think so, but, I'm not the one who will have to pony up the money to fight it. You're both bands and you're both from the same state, so it is not crazy to think there could be confusion.

If you run it past an IP attorney, he might have a better sense of how the lower courts look at the situation and the risk you take if you want to keep the name.