Can two bands have the same name?
If a band is well-managed, they will have their name trademark (not copyright) protected. If a name is trademarked, another band using it would be opening themselves up to a civil suit.
And trademark for similar band names…
So, yes, similar band names happen, and they can cause sticky trademark issues. Therefore, it is helpful to be equipped with proper trademark registration to ensure your trademark ownership.
Two (or more) bands with the same name. But let's face it: with millions of bands online, there's actually a decent chance another active group has exactly the same name as you. And the likelihood two bands with the same name increases if you are managing or working with several artists.
Key Takeaway: Make sure no one else is using your band's name before you apply for a trademark. If the name is already in use, your application will be rejected.
In 2002, a Canadian indie rock band formed and chose to name itself "Galaxie 500," yet it somehow took several years to realize that there was already a highly influential band of the same name. The Canadian Galaxie 500 released two albums under that name until wisely dropping the "500."
Nope! A name (brand name, band name) cannot be protected by copyright. Copyright is only one form of intellectual property (IP). There are other forms, like trademarks, patents and trade secrets.
Call the main public library in your region and ask if it has a Federal Trademark Register CD-ROM. Search for your full band name, then each word individually. Hire a search firm (relatively costly, but reliable). A well-known sources for trademark searches is Thomson Compumark.
All trademark registrations should be handled by an experienced attorney or a service like Indie Artist Resource. All potential or actual trademark infringement suits should be handled by an experienced litigator.
Often, bands/artists that have the same or similar names get placed under the same Spotify artist profile or an album gets placed under the wrong artist profile. In order to get this corrected, we need to file something called an Artist Separation.
The name of a performing artist or the name of a band may be registered as a trademark, but not the name of a single song or a single album. The proposed trademark must be used on a minimum of two creative works to be considered a series.
Who owns the rights to a band name?
Typically, the issue of who owns the band name is dealt with in the Band Agreement. Often a leaving member will forfeit their rights in the name when they leave the band. In such a situation, the remaining members can continue using the name.
While it is possible to copyright the design of a band logo, the band name itself is not copyrightable. Band names are protectable under trademark law, because like brand names they allow us to distinguish one band's music and identity from another.
While you might think the venue would be legally culpable for injuries sustained there, in some cases, fans pursue legal action against the band – and win. One of the reasons artists and bands can be held legally culpable for injuries and deaths at their shows is because of the precedence for such events.
But they're all right ^, it's words, there's no legal repercussions for taking the name of a song and using it to name your band.
The name of your band defines your music and becomes your brand. To prevent others from using the name for any reason, including on merchandise, you need to protect it through a registered trademark.
absolutely join both. Unless you're uber one dimensional in your musical tastes, neither band will wholly satisfy your musical needs on their own. Being in two bands can be way more fulfilling on that front. As far as what to expect, just expect to be at twice as many band practices as you would with one band.
Often, bands/artists that have the same or similar names get placed under the same Spotify artist profile or an album gets placed under the wrong artist profile. In order to get this corrected, we need to file something called an Artist Separation.
Band names are protectable under trademark law, because like brand names they allow us to distinguish one band's music and identity from another. They are what enable us to distinguish between a “Beatles” record on the one hand, and a “Chipmunks” record on the other.
All trademark registrations should be handled by an experienced attorney or a service like Indie Artist Resource. All potential or actual trademark infringement suits should be handled by an experienced litigator.
The name of your band defines your music and becomes your brand. To prevent others from using the name for any reason, including on merchandise, you need to protect it through a registered trademark.
Can I trademark my artist name?
The name of a performing artist or the name of a band may be registered as a trademark, but not the name of a single song or a single album. The proposed trademark must be used on a minimum of two creative works to be considered a series.
Bob Seger also doesn't allow his music on Spotify, nor do fellow classic rockers like Pete Townshend and Neil Young. Many modern bands and artists as well are against Spotify and other music streaming sites and platforms, including The Black Keys, Coldplay, and Garth Brooks.
To search the USPTO's trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO's Design Search Code Manual.