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Band name and getting sued

32 by endofanera_Archive
the$inmusicisallmine wrote:under copyright law, there are fair use exceptions for social commentary and parody. i am not a copyright lawyer, so don't quote me. I suspect you might have a good argument if you got hauled into court, but it would cost you so much in legal fees just to get to the point where you could make your argument, it might not be worth it. And you could lose too.

This isnt about copyright law, it's about trademark law. One of the tests for trademark infringement is the likelihood of confusion in the marketplace.

Not only wouldnt you win, as the$inmusicisallmine stated, you probably wouldnt even be able to get to the point where you could present yr case argument. Sir Paul no doubt has a skyscraper full of expensive-suited attorneys he would turn loose on you. I doubt you'd even be able to afford to pay someone to answer their cease and desist letters, much less prepare for or go to court against them and then lose.

I'd go back to the (name) drawing board.
"You get a kink in your neck looking up at people or down at people. But when you look straight across, there's no kinks."
--Mike Watt

Band name and getting sued

35 by Angus Jung
alex maiolo wrote:
scott wrote:If I name my band "The New Paul McCartney", will I be humped in the pooper by Sir Paul's legal team?


Depends on whether or not you sell any records.

I think it was last yr, the noise band Child Pornography put out a record called "The Beatles".

I imagine they were hoping for at least some publicity, but I never heard about them having any trouble or legal threats. They're too small for anybody to care.

Band name and getting sued

36 by noise&light
A friend of mine wanted to start a whole genre called "Cease & Desist" rock.

The plan was to intentionally name yourself after a person or company, like Xerox. You'd have a fax machine on stage and play until the notice from the lawyers arrived.

Band name and getting sued

37 by Peripatetic_Archive
The Vida Blue changed their name to Ten Grand because that douche bag bass player from Phish paid them $10,000 to let him use it for his side project.

Phuck I hate Phish.

We've kicked around calling the forthcoming Mise en Place record "Chinese Democracy". We're unsure if Axl could do anything about it if he hasn't released his piece of shit by that time (which is unlikely).
drew patrick wrote:Peripatetic will win.

Band name and getting sued

38 by DrAwkward_Archive
Peripatetic wrote:We've kicked around calling the forthcoming Mise en Place record "Chinese Democracy".


Dude, The Offspring had that idea in 2003.

The Offspring's Website wrote:(03/28/03) Multi-platinum Sony artists THE OFFSPRING are recording their new disc with producer BRENDAN O‘BRIEN in Los Angeles. The album is titled ‘CHINESE DEMOCRACY‘, which also happens to be the title of the long-awaited GUNS N ROSES album, currently in limbo. When reached for comment, The Offspring‘s front man/vocalist, DEXTER HOLLAND, said “You snooze, you lose.“ Holland further added, “AXL [ROSE] ripped-off my braids, so I ripped-off his album title.” ‘Chinese Democracy‘, The Offspring‘s seventh album, is scheduled for release in early summer. It follows CONSPIRACY OF ONE, also produced by O‘Brien.


Looks like this was an April Fool's joke, though, according to answers.com:

The Offspring renamed their album Splinter prior to its release. The band's explanation for the album name change was that once they decided to call the album Chinese Democracy, the recording and production of their album ground to a halt—again poking fun at Rose and the delays in releasing Chinese Democracy.


By the way, i feel like "Cease & Decist" would be a great band name, except you'd never be able to tell if people were yelling your name because they loved you or because they hated you.
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Marsupialized wrote:Thank you so much for the pounding, it came in handy.

Band name and getting sued

39 by Peripatetic_Archive
DrAwkward wrote:
Peripatetic wrote:We've kicked around calling the forthcoming Mise en Place record "Chinese Democracy".


Dude, The Offspring had that idea in 2003.

The Offspring's Website wrote:(03/28/03) Multi-platinum Sony artists THE OFFSPRING are recording their new disc with producer BRENDAN O‘BRIEN in Los Angeles. The album is titled ‘CHINESE DEMOCRACY‘, which also happens to be the title of the long-awaited GUNS N ROSES album, currently in limbo. When reached for comment, The Offspring‘s front man/vocalist, DEXTER HOLLAND, said “You snooze, you lose.“ Holland further added, “AXL [ROSE] ripped-off my braids, so I ripped-off his album title.” ‘Chinese Democracy‘, The Offspring‘s seventh album, is scheduled for release in early summer. It follows CONSPIRACY OF ONE, also produced by O‘Brien.


Looks like this was an April Fool's joke, though, according to answers.com:

The Offspring renamed their album Splinter prior to its release. The band's explanation for the album name change was that once they decided to call the album Chinese Democracy, the recording and production of their album ground to a halt—again poking fun at Rose and the delays in releasing Chinese Democracy.


By the way, i feel like "Cease & Decist" would be a great band name, except you'd never be able to tell if people were yelling your name because they loved you or because they hated you.


Those cunts.

I didn't need to know that DocAwk.

Now what the hell are we gonna call it?
drew patrick wrote:Peripatetic will win.
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