QUESTION

If i find another rap group that had the same name before me can i add another name or numbers to it and make it an original rap group name?

Asked on Aug 27th, 2012 on Intellectual Property - New York
More details to this question:
My Rap Group is about to release an album on ITunes but after an additional online search i found another rap group with the same name in a diffrent state selling their record on ITUNEs. I really like the name so instead of changing the name completly, i was wondering if i can add a number or another word to my orginal group name and sells records under that name without being sued? For example, say my original group name is called "ABC" but i find a diffrent group goes by that name. If i add a word and change it to "ABC ISLAND" Or a number "ABC FOUR" could the other group sue me for using part of their name? Also if "ABC ISLAND" is ok, can i still occationally refer to the group in songs as "ABC" for short even though the customer is aware that album they bought is by the group "ABC ISLAND"? note- My orginal group name is a 3 letter appreviation but not the one listed in this example
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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THe answer is "it depends." The standard for infringement is whether an appreciable number of ordinary consumers of the "original" rap group's music would be confused into believing that your music was produced by, or originated with, or sponsored or endorsed by the "original" group. That is a fact-intensive determination that cannot be resolved from the limited facts you have posted. The simple and safe answer is: change your name.
Answered on Aug 27th, 2012 at 8:16 PM

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