Name of Music Project

[idestawesome]

Hello, I have a music recording project called Andrew and the Safari Rangers. I was contacted by someone who claims to own Safari Rangers Ltd. (www.safarirangers.com). He claims that "Safari Rangers" is a brand that I associate with my music, but he claims that as he owns "Safari Rangers" it misleads people to believe that his company is associated with my music. He wants me to change the name of my music project. Is he correct? Should I be worried about this? Thank you.

 

[FlyingRon]

It's quite possible. If he uses "Safari Rangers" as a trademark in commerce, then your use may lead to confusion. Of course, that won't be decided absolutely until you go to court. Your options are to either stop infringing on his mark or call his bluff that the has the resources to sue you.

 

[HomeGuru]

Hello, I have a music recording project called Andrew and the Safari Rangers. I was contacted by someone who claims to own Safari Rangers Ltd. (www.safarirangers.com). He claims that "Safari Rangers" is a brand that I associate with my music, but he claims that as he owns "Safari Rangers" it misleads people to believe that his company is associated with my music. He wants me to change the name of my music project. Is he correct? Should I be worried about this? Thank you.

**A: have him provide evidence that he has the right to use the name ie. state and federal registration. Of course even without the registrations he could still have rights to the name.

 

[idestawesome]

Thank you for the quick replies. But his business gives safari tours while my project is just a music recording project. We're in different businesses, so doesn't that make a difference? For example, The Rolling Stones are are a rock and roll band, while Rolling Stone Magazine is a magazine. How does Rolling Stone Magazine get away with having the same name? Also, does it make a difference that his business is in South Africa while I am in the United States?

 

[quincy]

Many businesses or products or services that share the same or similar trademarks are able to peacefully coexist. They operate in different geographical areas or they are in different businesses, offering different products or services. If a consumer is not likely to be confused by the dual use of a trademark, there is little likelihood of a trademark infringement suit. Consumers are unlikely to confuse ABC Warehouse with ABC News, for example.

Better than looking at "Rolling Stone Magazine" and The Rolling Stones, you may want to check out the Apple Corps v Apple Computer trademark infringement suits. Although they have seemingly worked out an agreement now, they spent many years and countless thousands (millions) of dollars fighting over their dual Apple names when their similar products/services were marketed to the public.

I agree with FlyingRon and HomeGuru.

If you have been contacted by a company operating under the same name as the one you are using, you have limited options. Have Safari Rangers, Ltd. provide you with proof they were first to use the mark in commerce and that they have rights to the name in the U.S. If the name is not registered in the U.S. and they are not in business in the U.S., and you have no plans to expand into South Africa (or whatever other countries Safari Rangers, Ltd. may have their name registered or may do their business), then there should be no problem with both of you using the name for different purposes. . . .

. . . except, of course, for the problem that Safari Rangers, Ltd. may seek to stop you from using the name by filing an infringement suit against you in the U.S.

Whether Safari Rangers, Ltd. could get an injunction is a question mark, and depends on all sorts of facts and factors best reviewed by an IP attorney in your area.

Good luck.

 

[idestawesome]

Thank you for the information. I am a little confused about how you said that there should be no problem if we are in different countries and in different businesses, but then you said Safari Rangers, Ltd. may seek to stop me from using the name by filing a suit in the U.S. Aren't these two statements contradictory?

 

[quincy]

. . . I am a little confused about how you said that there should be no problem if we are in different countries and in different businesses, but then you said Safari Rangers, Ltd. may seek to stop me from using the name by filing a suit in the U.S. Aren't these two statements contradictory?

Are the statements contradictory? Sort of.

There should be no problem with two businesses operating under similar names in different parts of the world, if the products or services they are marketing are different and the market areas do not overlap and confuse consumers into thinking they are the same company, or in some other way infringe on rights.

But, the fact that there should be no problem does not mean that there won't be a problem. It does not stop someone from objecting to another's use of the same mark, and it does not stop someone from attempting to stop the other user from using the mark by threatening to file an infringement suit.

While it is unlikely that a South African company will file suit against you in the U.S. over the use of your mark if the South African company does not have a U.S. presence, because it would be extremely costly to do so, it is not impossible for them to do so. It is certainly more likely that a suit would be filed if the South African company does business in the U.S. and your music recording business has somehow in some way affected their business.

I don't know how it could affect their business, but that is why you should have all facts personally reviewed by an attorney in your area. This personal review can help you determine better where you may stand legally against any claims of trademark infringement and the attorney can assist you in drafting a proper response to the company.

Good luck.

 

[idestawesome]

Thank you very much.

 

[quincy]

You're welcome.