Musical Karma question...

[dougsthang]

Today was a wierd day, I had to contact a band and ask them to stop using their name due to my trademark. I've owned this trademark since 1991 and used it before then. I still write under the band name. It also has been quite labor intensive when it came to re-new the trademark (anyone who has dealt with the Federal Trademark Office will know what I'm talking about). I used to own the mark as all things musical, live performance and recorded material. They changed the rules since then and you have to pick either live or recorded and pay both fees. I chose only to cover recorded material since I don't play out at all these days.

 

I contacted their management firm about the issue. The guy was cool about it and asked what I wanted to do. They're a regional act

releasing material on an independant label.

 

I'm not sure I want to give up the mark, it's not a money issue. I feel for them because they just released a CD. In the long run I feel I have to protect what is mine...

 

Any advice on how to handle this??

[Dennyf]

Hmm, tough issue.

 

Here's some questions/thoughts that occured to me:

 

Is your trademark even regionally well-known and recognized?

 

You say you're still writing under this name. Is this music being performed or marketed? Again, is the name a recognizable thang?

 

Is it likely, or do you have hopes of revitalizing some kind of performing or recording entity under this name, and do you hope to re-introduce legacy material if this happens? Unless you have some real name-recognition concerns, would you really lose audience if you came up with a new trademark when you have something tangible to protect?

 

Don't mean to sound dismissive, but if the answers to these questions is "no," I'd consider how much it would really hurt you to let this go, and let the band that's actually currently doing something have it. Based strictly on the "Karma" issue, of course!

[dougsthang]

good points....

 

The only issue is re couping some of the costs in maintianing the mark. Having registered twice (it expires every ten years) and the sheer man hours of filing, following up, mailing (it's a headache dealing with this agency) I would guess it's cost me a little over a grand in fee's. The impact would be a non issue, it's more of a pride issue of owning this mark for over ten+ years.

[bassix]

"Karma police" is one of my favourite songs

 

But seriously in the long run the other guys probably won't be suffering from the fact you protect what is yours, afterall as you say it took quite some effort to keep your trademark. They on the other hand simply should have checked for any trademarks before releasing their cd.

 

Maybe just a little change (to something similar) would settle things?

 

Seems to me you're an awful nice fella and I know it sounds harsh but really feel you need to do yourself a favour. They will probably not like it but understand.

[Barandine Vondenger]

Originally posted by dougsthang':

Today was a wierd day, I had to contact a band and ask them to stop using their name due to my trademark. I've owned this trademark since 1991 and used it before then. I still write under the band name. It also has been quite labor intensive when it came to re-new the trademark ...

 

Any advice on how to handle this??[/QB]

oh yeah I had a kinda of the same thang, sorta kinda ,little bitOY!.

I was HIGHLY DISSATISFIED with the OUTCOME and so i nOW(blink,blink) change my name every week to get them all back ahahahahaha! THOSE BASTARDS!@#&&***%%@##$#SUITS&&%%#$$@#

I need NO name I am the ARTIST FORMERLY KNOWN AS, well.. you know..

 

me..

only THIS WEEK I'm TIM HILLEMON' with those great musicians the MOUNTAINEERS.. next week.. hmm.. anybody useing that CHRIS GAINES MONIKER? what about that fat guy with the too small baseball cap. think he'll minde? ahahahaha!

 

so my advice is to go in low and upper-cut your way to freedom. and just get a NEW trademark.

maybe everyweek like a certain boy. . or not. whatever.

over and oot.

thaunk you fer lettin' me share.

[Blue Strat]

Why not offer to sell them the trademark for what you've got in it?

[Programgirl]

If you feel like you can let go of it, maybe you could negotiate something with the other band to recoup some of the cost. If you feel like it's important to keep though, then you should protect it.

[offramp]

Originally posted by dougsthang':

good points....

 

The only issue is re couping some of the costs in maintianing the mark. Having registered twice (it expires every ten years) and the sheer man hours of filing, following up, mailing (it's a headache dealing with this agency) I would guess it's cost me a little over a grand in fee's. The impact would be a non issue, it's more of a pride issue of owning this mark for over ten+ years.

If you haven't made a good chunk of cash on it by now, and if you don't really know in your heart that you can, and these guys think they can...I say, bill them for the name maintenance you've done over the years, and let 'em have a go at it.

 

You gave birth to it; let it go out on it's own.

[deanmass]

Let it go. Agree on a reasonable fee and sell it to them.

 

If you really wanted to be a 'star', trade them for a percentage of the sales of their CD, even if it may not sell. You will look like a hero to them, and who knows, it may pay off. If the name has not earned you the investement back thus far, I say do something good with it.

 

There was a band about 15 years ago called Siren, who had to change there name to 'Red Siren' after they had a hit under the other name. They may not have lasted, but it certainly did not help them.