Trademark Violation

[J. Dan]

So after only a few gigs, apparently my 80s tribute band, The Boom Box Hero’s have to change our name.  There’s a band of the same name in CA threatening legal action.  Apparently this all lo started because a couple venues we played googled the logo and mistakenly got theirs on their ads, which threw a flag.  Of course the fact that we’re “The Boom Box Hero’s” and they’re “Boombox Hero’s” should be enough difference but the logo thing was clearly a violation, though not on our part.  The BL doesn’t want to deal with litigation so now we need a new name moving forward and he has said he will trademark it.  Kind of petty I think since they are in CA and we are in St. Louis - no overlap of market whatsoever.

 

Anybody else go through something like this?

[Michael Wright]

Can it be assumed that both bands are doing covers Dan?  If so, they are a little full of themselves as far as I can see, the logo issue notwithstanding.  A polite request for you to not use it again would seem to suffice.  

[Docbop]

My friends out here went through the same thing after using the name of a local highway for quite awhile.  Another band in SoCal who had been around for a long time found out about my friends and threatened to sue.  They went back and forth for awhile and my friends decided not worth cost of litigation and changed their name.   People around here quickly learned they were the same band new name and things were back to normal.   

[J. Dan]

It’s sad because we have made investments and are not even close to being in the same market.

[cphollis]

It costs almost nothing to have a paralegal write a threatening letter.  Bringing an actual lawsuit and trying to collect damages from a local band -- hahaha, only a fool would go down that path.

 

Me?  I'd tell them to f**k off and choose a new name for their band if they're that concerned.  Have a nice day.

 

When we chose the name for our local band ("Glory Days") there was the potential for all sorts of trademark mayhem.  I've worked on those issues before in my corporate life.  So I added a modifier ("Glory Days Vero Beach") to the official name, which we don't use in advertising, etc.

 

That sort of fig leaf makes the odds of a successful lawsuit near zero.

[Thethirdapple]

The Boom Box Hero’s of Mound City

 

a nice gentle reminder to being “kings of the hill”,

 

look ma’ top of the world

 

sounds like  they should sue the venue?!?!

 

 

PEACE

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[D. Gauss]

I've been through this for decades on both sides of the fence. 

 

On one side: After paying and registering the name of my band in the 90's, i've had to deal with close to 100 other bands over the years using the name.  As touched upon upthread, unless you have deep pockets, there's not much you can do if someone uses your name.  As also touched upon earlier, sending a "cease & desist" letter is fairly easy to do, though not always effective.  Going back to "my space" days, i was able to shut down pretty much any account using our name. Facebook used to work 10 years ago, now it's 50/50 on that hellsite.  I did manage to have a few bands stop using our name after they received a C&D letter, but more often they ignore it or reply with, "go ahead and sue us!" which they know is pretty much financially impossible to do at this level.

 

The other side:  The Grateful Dead organization threatened to sue my band over the name.   They have a very serious legal team and of course super deep pocket$ to persue such things. They took a very self-righteous, nasty, and downright scary threatening attitude towards the whole thing. Fortunately, they quickly dropped their claim once I provided them with the registration from the trademark office and thankfully, I didn't have to spend any money to do so.

A fairly well known indie label also contacted me 'cause they signed a band with our name and did their own registration check. They were nice about it and asked if we'd change our name.  We said, "sure if you pay us," and gave them a dollar amount. They couldn't meet our offer, so in the end the signed band changed their name 'cause they knew it would be a headache later.

 

My take is that doing the right thing is the way to go. If someone else has taken the time and money to have the name/logo registered, don't use it. Don't be that guy/girl. I've spent several thousand just keeping ours registered over the years even though it's often been of little use.

[re Pete]

https://www.billboard.com/pro/jelly-roll-name-dispute-lawsuit-philadelphia-wedding-band-jellyroll/

 

https://www.rollingstone.com/music/music-country/jellyroll-band-withdraws-trademark-lawsuit-jelly-roll-1235058235/

[Delaware Dave]

1st thing i'd check is if they are actually trademarked or registered.  They may say that they are but they may not be.  Also, they have to prove damages occurred.  You're not in their region and have not yet even gigged yet, so what damages have they incurred?

 

I wouldnt get to worried about it, find a other name, you havent gigged yet so you actually dont have a "brand" that will get hurt by the name change.

[vonnor]

Dan,

 

Have your BL send a reply explaining the inadvertent logo error on the part of the venue, apologizing for the mix-up, and assuring that care will be taken to avoid any repeat mix-ups going forward. Detail the non-conflicting market geographies and politely express your wish to retain your current cover-band name. Tell them if they have any further questions they can contact [insert a local attorney name here]. Or perhaps @cphollis might do you square as a surrogate representative, and let you name him?

 

Nine out of ten times this is all bluff and bluster on the part of the "plaintiff" (I use the term loosely), and you won't hear squat from them after that.

 

~ Bill C. (vonnor)

[Stokely]

I'm not a huge fan of our name (been in the band 12 years) and we don't have much of a following, so I wouldn't mind a threatened lawsuit.    

I have a long list of band names in my brain though i'm sure I've forgotten some.  Problem is, cover bands typically roll with a bland name, most of mine would be better for an original one  

[drawback]

I can’t believe both bands misuse an apostrophe. 

[cphollis]

1 hour ago, Delaware Dave said:

1st thing i'd check is if they are actually trademarked or registered.  They may say that they are but they may not be.

 

This happens all the time, so check the facts before deciding what to do.

 

Here's the link https://tmsearch.uspto.gov/search/search-information

[Thethirdapple]

51 minutes ago, drawback said:

I can’t believe both bands misuse an apostrophe. 

 

 

 

 

 

 

 

PEACE

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[Docbop]

My favorite story along these lines is from the 60's and the big East LA  known for Chicano rock originally named "The Midniters".   They got sued by "Hank Ballard and the Midnighters"  because name was too similar.   So to resolve the issue the East LA band changed their name to  "Thee Midniters" and I guess that was enough for the court.   So they would joke now people we know are THEE Midniters!.   

 

Thee Midniters have gone through a lot a band member changes over the decades but are still around playing Low Rider events.  

 

 

 

[Polychrest]

1 hour ago, drawback said:

I can’t believe both bands misuse an apostrophe. 

Change the name to Boombox Heroes and register it--if it's not already taken by the other Boombox Illiterates

[JohnH]

Why is Hero's misspelled for both bands and possessive? Weren't you trying to say it's heroes- plural?  So why not make it a proper english name Heroes?

[Dave Bryce]

3 hours ago, Delaware Dave said:

Also, they have to prove damages occurred.  You're not in their region and have not yet even gigged yet, so what damages have they incurred?

 

dB

[Thethirdapple]

 

 

 

PEACE
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