QUESTION
attempting to use a name for our band but not sure if I can use it or not.
Asked on Oct 20th, 2013 on Patents - Colorado
More details to this question:
Apparently my friends and I are coming up with a name for our band and we came to a agreement of what the name of the band would be. It was a great name until I typed it up online and ironically it was also a name of a song which I did not know until now. I was wondering if it is possible if we can still use the name without getting into any type of trouble in the future.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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I am unaware of any band ever being sued for adopting the same name as the title of a song. Titles of books, songs, poems, movies, etc. are rarely given any more than the slightest of protections. Cover bands regularly adopt names that play on the titles of songs without paying royalties for use of those names.
Depending on how well that song title is known, I'd be more worried about being mistaken for a cover band than fear of future litigation.
Answered on Oct 21st, 2013 at 1:59 PM