QUESTION

Can we still use our band name after the singer quit the band?

Asked on Aug 05th, 2013 on Entertainment Law - Nebraska
More details to this question:
I am in a band that has just broken up. Basically the singer quit the band to pursue another music path and said we could not use the name. There has been no contract made up and there is not a trademark on the name. He is not going to use it either. He just does'nt want us to have it. We have several months worth of shows booked under that name. The singer is threatening to take all the band members through civil court. Can he do this? He is very mad because we decided to keep the band going only after he offered to give us the name. This is such a mess. Any insight would be helpful.
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1 ANSWER

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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If the former singer created the group and came up with the name, he probably has some claim to it. However, if you all got together simultaneously and agreed upon the name together, you all have some claim. Legally, a name can't be protected by either copyright or trademark.
Answered on Aug 06th, 2013 at 1:03 PM

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