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2 questions: a) can i change a title slighty and use the name for my product ...and more

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jason4444

Member
I want to name my music album: Soulcalibur, like the video game, Could "Soulcaliber" work? with an e? Should I seperate the words? Soul Caliber.


Also, I am naming my album this out of some sort of retaliation, Backstory: they named their new character in soulcalibur 6, AZWEL, which has been my band name for 15 years. Now, question 2, are they in the clear for using my name or do I have something legitimate against them?
Edit: i never copyrighted my band name formally, . I did register it on a band name registry but thats all. But Its been out there since the early 2000's. So now if you do a google search for me, all you see is the video game
 
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Shadowbunny

Queen of the Not-Rights
I want to name my music album: Soulcalibur, like the video game, Could "Soulcaliber" work? with an e? Should I seperate the words? Soul Caliber.


Also, I am naming my album this out of some sort of retaliation, Backstory: they named their new character in soulcalibur 6, AZWEL, which has been my band name for 15 years. Now, question 2, are they in the clear for using my name or do I have something legitimate against them?
What State are you in, Jason? Or if not in the US, what country?
 

quincy

Senior Member
I want to name my music album: Soulcalibur, like the video game, Could "Soulcaliber" work? with an e? Should I seperate the words? Soul Caliber.


Also, I am naming my album this out of some sort of retaliation, Backstory: they named their new character in soulcalibur 6, AZWEL, which has been my band name for 15 years. Now, question 2, are they in the clear for using my name or do I have something legitimate against them?
Edit: i never copyrighted my band name formally, . I did register it on a band name registry but thats all. But Its been out there since the early 2000's. So now if you do a google search for me, all you see is the video game
First, this would not be a copyright issue. Your music (songs, compositions, sound recordings) is automatically protected under copyright laws as soon as it is fixed in tangible form (recorded).

After a brief search, the name you have been using for your band - Azwel - does not appear to be registered by anyone yet with the United States Patent and Trademark Office (USPTO). Although in the U.S. trademark rights to a name are gained through the use of the name in commerce as an identifier for goods or services - and you already have trademark rights in the name Azwel because you have used the name to identify your band and its music - you might want to consider federally registering your band's name. Federal registration of your trademark provides official notice that the name is being used and this increases the protection your mark has if someone infringes on your rights.

Now. Soul Caliber and Soulcalibur. Your use of either of these could be a problem. Bandai Namco Entertainment Inc. has 7 federal trademark registrations, 5 for Soulcalbur and 2 for SoulCaliber. The trademarks are registered as both services and goods and in several different Classes - the Class most problematic for you being Entertainment.

You are not a computer or video game but you are in the entertainment business. I could see your use of Bandai Namco's registered marks drawing the attention of the Corporation's attorneys. You can have a trademark attorney in your area personally review all facts to see if any challenge by Bandai Namco could be successful - but I think this might not be a challenge you and your band want to take on.

For Bandai Namco's use of your Azwel trademark, you again would want to discuss this with a trademark attorney in your area. With neither the band name nor the character name registered, it could come down to first use of the name, if consumer confusion has been generated by the dual use of the name, and demonstrable damages (profits/losses). It no doubt would be a costly fight over the name.

Good luck.
 

jason4444

Member
Thanks for your reply. I will look into those options, Btw, what about further variations: sol caliber? That seems different enough to me
 

quincy

Senior Member
Thanks for your reply. I will look into those options, Btw, what about further variations: sol caliber? That seems different enough to me
Names that sound alike can be as problematic as names that look alike.

I suggest you skip thoughts of retaliation and find an original title.

As a note: Simply by adding the word "music" to a search of Azwel has your band appearing on the first page of a Google search.
 
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quincy

Senior Member
It isn't. Any combination of letters and words that look or sound remotely like Soulcalibur is almost guaranteed to get you sued for infringement.
A cease and desist letter, with a possible settlement demand, is more likely than a lawsuit - but it is definitely a legal risk to use a registered trademark.
 

Mass_Shyster

Senior Member
Although I'm a lawyer, I'm also a capitalist. Instead of retaliating, you should consider contacting them, letting them know that they are using your band name, and that you would like to come to some mutually beneficial agreement (like they'll promote your band and you'll promote their video game)
 

quincy

Senior Member
Although I'm a lawyer, I'm also a capitalist. Instead of retaliating, you should consider contacting them, letting them know that they are using your band name, and that you would like to come to some mutually beneficial agreement (like they'll promote your band and you'll promote their video game)
.... with this followed by a cease and desist letter, a settlement demand letter, and an infringement lawsuit ... when Bandai Namco declines the offer. ;)

I actually could see a collaboration of some sort, though, using the two Azwels, perhaps in a promotional video. That is, if the band Azwel wants to be connected with the rather creepy looking SoulCaliber character.
 

jason4444

Member
Yea we aren't a big band so I'm sure they wouldn't care to agree with that offer. Worth a try contacting them though? How would you word it?

Question 3... Could I name a SONG on the album, Soulcalibur?
If I did that, I could have a song on YouTube called : azwel- Soulcalibur. Their fans would surely stumble upon that...which is kind of the point of all this
 

quincy

Senior Member
Yea we aren't a big band so I'm sure they wouldn't care to agree with that offer. Worth a try contacting them though? How would you word it?

Question 3... Could I name a SONG on the album, Soulcalibur?
If I did that, I could have a song on YouTube called : azwel- Soulcalibur. Their fans would surely stumble upon that...which is kind of the point of all this
You should not use SoulCaliber. Using it in the manner you suggest is trading off the fame of Bandai Namco's rights-protected trademark to attract attention to your band - and is most certainly to result in an infringement notice.

If you want to contact the Corporation, you should sit down with an IP attorney in your area for help drafting a letter. We cannot assist you with that in this forum.

Good luck.
 

quincy

Senior Member
In thinking of sole caliber. Very different. It's just words
Well ... it is "just words" that could possibly attract the attention of Bandai Namco lawyers if you are not very careful. :)

Although "sole caliber" would be safer to use than your earlier choices, I recommend you seek a personal review of your intended use with an IP attorney in your area. I hate to see you tempt fate.

Good luck.
 
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