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band name woes!


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Hey all,

 

well, we finally have an album together and are planning a minor blitz of publicity and appearances this coming year. We've been The Nightshades for a decade or so now, and are rather attached to the name, to the extent of changing our own personal names to Ted Nightshade and Jill Nightshade...

 

So imagine my distress when into town (Ashland, OR) comes a new ensemble called NightShade. Tacky, with the computer age capital in the middle of the word, no?

 

A quick Google search reveals a bunch of similarly named bands and "music acts" (ok, DJ's... ): The Deadly Nightshades- an Australian vampire metal band, The Nightshade - (singular!) a Swedish metal band, Nightshade- a Seattle metal band, {so and so} and The Deadly Nightshade Family- a queer activist band from SF, and two DJ Nightshades, one male, one female! Not to mention this other NightShade, a middle eastern act from SF Bay Area.

 

What a glut of Nightshades!

 

None of them seem to do what we do, original outlandish jazzy songs centered around the vibraphone, and we are attached to our name, so we are considering calling it The Nightshades Vibraphone Dream, hoping to avoid confusion. Our informal inquiries with legal minds seem to indicate that if someone tried to shut us down for using the name Nightshade in this form, it would basically be up to the judge.

 

To top it off some guy named Mark Herrick who doesn't seem to have anything to do with any of the above named acts has filed an "intent to use" with the Patent and Trademark Office on the name "NIGHTSHADE", as of July 2004- this hasn't been finalized or whatever yet. The Seattle band at least has been using the name since 1992, probably before us although it's hard to remember exactly...

 

Anyhow, I welcome any real world experience with this kind of nonsense, so we can make a good call as to what to do... with the album coming out and a demo we're putting together this week, and all that...

 

Help!

A WOP BOP A LU BOP, A LOP BAM BOOM!

 

"There is nothing I regret so much as my good behavior. What demon possessed me that I behaved so well?" -Henry David Thoreau

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