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Two quick music industry questions about artist names / band names

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zao

Junior Member
A) Who has first rights to a band name / artist name? Does it come down to the first copyrighted piece of music? Or first commercial success? Or something else?

If it matters, the name in question is an actual name.

As in, there is one artist is named John Doe. Another artist comes along after named Jon Doe.
Between the two musical acts, there is a slight spelling difference in the first name.


Unrelated to A:

B) Is there a legal issue in using the name of a business as a band name or artist name?

More specifically, the business name in question is a small one, not a household name by any stretch. Also, the business with the name is no longer in operation.

Thank you very much!

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


FlyingRon

Senior Member
The copyrights have nothing to do with the band name. The name becomes a trademark for those who use it in commerce. They are likely the people who can assert those rights to it. Unless the band is some protected entity (a corporation or LLC) it's name doesn't have any particular ownership at all. Absent trademark rights, I could call myself Lady Gaga.

As for the second question. Using the name of a real person or a corporation likely can get you in trouble. Using someone else's trademark can indeed get you into trouble. You can't go calling your band CocaCola. They will argue that not only is there a likelihood of confusion but also that you are diluting their famous mark. Of course, with the consent of the owner of the mark, you're free to do it and they're not in a position to protest.
 

quincy

Senior Member
A) Who has first rights to a band name / artist name? Does it come down to the first copyrighted piece of music? Or first commercial success? Or something else?
In the US, the first to use a name (logo, slogan ..) in commerce as an identifier for a company (goods/services), is generally considered the owner of that name and holder of the trademark rights. No registration of the trademark is necessary.

As first user of the name, the trademark owner can potentially prevent all others from using the same or similar name as an identifier on goods or services that are the same or similar in nature. Because trademarks are used so consumers can tell companies apart, trademarks do this best when they are unique to a single company.

That said, there are companies that can, and do, share names without issue. DOVE ice cream is able to peacefully coexist with DOVE soap because no consumer confusion is generated even though the brands use the same name to identify their products.

If it matters, the name in question is an actual name.

As in, there is one artist is named John Doe. Another artist comes along after named Jon Doe.
Between the two musical acts, there is a slight spelling difference in the first name.
When you use the real names of people, you can run into publicity rights and privacy rights issues and possibly defamation issues. When you use the real names of companies, you can run into legal problems with trademark infringement and unfair business practices and disparagement. The actual names need to be known to see what sort of legal problems might arise.

It is always best to have the specifics personally reviewed by an attorney in your area.
 

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