NAMING YOUR ROCK BAND AND KEEPING IT LEGAL

It was reported recently in the Wall Street Journal that former Led Zeppelin bassist John Paul Jones was having difficulty finding a name for his new band. Apparently, there is a shortage of good band names out there, and believe it or not, the term, “counterculture,” now has a new meaning as the prior users of band names are now sending cease and desist letters to new bands using theirs or confusingly similar names.

Band names, whether they are used in connection with T-shirts, entertainment services in the nature of live musical performances or pre-recorded digital media, comprise trademarks and need to be searched as should be any other trademark prior to their adoption and use.

Looking for an idea for a band name, try http://www.bandnamemaker.com/ Once you’ve found a good one, then I can help see if your band name is available for registration as a trademark for one or more of the above goods and services, assist you in obtaining copyright protection for your musical works, prepare and review contracts on your behalf, assist you in ensuring that your web site contains the necessary legal disclosures, and obtain the necessary releases to use other people’s material. And if things go sour, I have represented band members in the past in contractual disputes with other band members when they have left the band.

 

About ERIC WACHSPRESS

The material on this website is for informational purposes only. It should not be considered legal advice and is not intended to create an attorney-client relationship. If you have questions regarding any material presented herein, we recommend that you consult an attorney. This web site and information presented herein were designed in accordance with Illinois law. Any content in conflict with the laws or ethical code of attorney conduct of any other jurisdiction is unintentional and void. I am a Chicago attorney practicing in the areas of trademark, copyright and information technology law as well as general corporate law. Formerly a trademark examining attorney with the United States Patent and Trademark Office, I have been in private practice since 1987 representing clients in a wide variety of industries, including the consumer products, financial services, information technology and entertainment industries. You can contact me at markscounsel@gmail.com, by phone at 773.934.5855 or by mail at 417 S. Jefferson St., #304, Chicago, IL 60607 USA
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