# Bands named after copyrighted material **URL:** \ **Category:** Cafe Society\ **Created:** [January 31, 2015, 10:36am UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413 "2015-01-31T10:36:15Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![HowSoonIsThen](https://avatars.discourse-cdn.com/v4/letter/h/e56c9b/32.png) [@HowSoonIsThen](https://boards.straightdope.com/u/HowSoonIsThen)\ **Post date:** [January 31, 2015, 10:36am UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/1 "2015-01-31T10:36:15Z")
Semi inspired by the “Can I do what Warhol did” thread, a lot of bands are named after copyrighted material (e.g. Black Sabbath is named after a movie, many Black Metal bands take their names from the Lord of the Rings). How are they able to get away with this? Is it just considered “fair use”? Have any bands ever been sued for their name (I know some bands have been sued for sharing a name with another band, but I’ve not heard of any being sued because they took their name from a book/movie/game/etc.). ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [January 31, 2015, 10:45am UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/2 "2015-01-31T10:45:25Z")
Well, not a copyright, exactly, but the band Chicago released its first album under the name Chicago Transit Authority and was threatened with a suit by the city of Chicago for infringing on the trademark of the city’s public transportation operator. ---
**Author:** ![Toxylon](https://avatars.discourse-cdn.com/v4/letter/t/f05b48/32.png) [@Toxylon](https://boards.straightdope.com/u/Toxylon)\ **Post date:** [January 31, 2015, 11:36am UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/3 "2015-01-31T11:36:49Z")
Off the top of my head, Danish rock band D-A-D used to be [Disneyland After Dark](http://http://en.wikipedia.org/wiki/D-A-D), but had to change their name after lawsuit threats. A Finnish electronica band Opel Bastards [were forced by the automotive company to re-name themselves, too](http://en.wikipedia.org/wiki/Op:l_Bastards). ---
**Author:** ![Wolf333](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolf333/32/3460_2.png) [@Wolf333](https://boards.straightdope.com/u/Wolf333)\ **Post date:** [January 31, 2015, 12:09pm UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/4 "2015-01-31T12:09:46Z")
Those are both trademark, not copyright. ---
**Author:** ![DinoR](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dinor/32/2821_2.png) [@DinoR](https://boards.straightdope.com/u/DinoR)\ **Post date:** [January 31, 2015, 12:29pm UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/5 "2015-01-31T12:29:27Z")
> [@Wolf333](#): > > Those are both trademark, not copyright. Which I think is the key point overall. Copyright is to the overall work. It doesn’t limit the use of every word, phrase, or idea in the work or my post here would be in trouble. Hobbit is trademarked by the Tolkien estate so Blood Soaked Death Hobbit would be a bad metal band name, Dungeons and Dragons got away with a race called halflings that were modeled on hobbits (and if [wiki](http://en.wikipedia.org/wiki/Hobbit) is right was a term also used by Tolkien) but the word was not Trademarked. Homicidal Halfling Hookers would thus be an appropriate band name (I’m assuming nobody else has trademarked the name since the name got used elsewhere as well.) ---
**Author:** ![naita](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/naita/32/5862_2.png) [@naita](https://boards.straightdope.com/u/naita)\ **Post date:** [January 31, 2015, 1:17pm UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/6 "2015-01-31T13:17:59Z")
> [@DinoR](#): > > Which I think is the key point overall. Copyright is to the overall work. It doesn’t limit the use of every word, phrase, or idea in the work or my post here would be in trouble. Hobbit is trademarked by the Tolkien estate so Blood Soaked Death Hobbit would be a bad metal band name, Dungeons and Dragons got away with a race called halflings that were modeled on hobbits (and if [wiki](http://en.wikipedia.org/wiki/Hobbit) is right was a term also used by Tolkien) but the word was not Trademarked. Homicidal Halfling Hookers would thus be an appropriate band name (I’m assuming nobody else has trademarked the name since the name got used elsewhere as well.) Somewhat relevant source [http://www.writersdigest.com/editor-blogs/questions-and-quandaries/copyrights/can-you-copyright-a-title](http://www.writersdigest.com/editor-blogs/questions-and-quandaries/copyrights/can-you-copyright-a-title) ---
**Author:** ![Flywheel](https://avatars.discourse-cdn.com/v4/letter/f/eb8c5e/32.png) [@Flywheel](https://boards.straightdope.com/u/Flywheel)\ **Post date:** [January 31, 2015, 2:37pm UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/7 "2015-01-31T14:37:46Z")
[Green Jellÿ](http://en.wikipedia.org/wiki/Green_Jell%C3%BF) > [@](#): > > is an American comedy rock band formed in 1981. Originally named Green Jellö, the band changed its name due to legal pressure from the owners of the Jell-O trademark, Kraft Foods, who claimed that it was an infringement of their trademark. Despite the spelling difference, the new name and the old are pronounced identically. ---
**Author:** ![buddha\_david](https://avatars.discourse-cdn.com/v4/letter/b/ee7513/32.png) [@buddha\_david](https://boards.straightdope.com/u/buddha_david)\ **Post date:** [January 31, 2015, 4:06pm UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/8 "2015-01-31T16:06:20Z")
> [@HowSoonIsThen](#): > > e.g. Black Sabbath is named after a movie Movie titles can’t be copyrighted. As for Amon Amarth, Cirith Ungol, Gorgoroth etc., they’re probably too small-time for the Tolkien Estate to notice them. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [January 31, 2015, 6:02pm UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/9 "2015-01-31T18:02:08Z")
Moved to Cafe Society. Colibri General Questions Moderator ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [January 31, 2015, 7:37pm UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/10 "2015-01-31T19:37:49Z")
Famed Tallahassee, FL death metal crew **Darth Vader’s Church** were threatened with legal action by Lucasfilm for trademark infringement so they shortened it to the-less-grin-inducing **DVC**. Everyone still loved them, of course; we had a fantastic local music scene in Tally back in the day. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [January 31, 2015, 7:42pm UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/11 "2015-01-31T19:42:35Z")
The seminal country rock group Poco was originally called “Pogo” until Walt Kelly threatened to sue. Not sure how strong a case he would have had; I can’t determine if he had trademarked the name. They Might Be Giants are named after a movie. Duran Duran come from a character name in **Barbarella**. Death Cab for Cutie are named for a Bonzo Dog Band song. ---
**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\ **Post date:** [January 31, 2015, 9:51pm UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/12 "2015-01-31T21:51:21Z")
> [@Snowboarder\_Bo](#): > > Famed Tallahassee, FL death metal crew **Darth Vader’s Church** were threatened with legal action by Lucasfilm for trademark infringement so they shortened it to the-less-grin-inducing **DVC**. Everyone still loved them, of course; we had a fantastic local music scene in Tally back in the day. That reminded me of the saga of 2 Live Crew and their leader Luther Campbell using the Luke Skywalker name: > **[Campbell Pays $300,000 in Skyywalker Settlement : Lawsuit: The 2 Live Crew...](https://www.latimes.com/archives/la-xpm-1990-09-26-ca-1026-story.html)** > > 2 Live Crew leader Luther Campbell paid filmmaker George Lucas more than $300,000 and agreed to quit using the name Luke Skyywalker in an out-of-court settlement revealed late Monday. > [@](#): > > 2 Live Crew leader Luther Campbell paid filmmaker George Lucas more than $300,000 and agreed to quit using the name Luke Skyywalker in an out-of-court settlement revealed late Monday. > > The settlement, which actually transpired two weeks ago, puts to rest a $300-million federal trademark infringement lawsuit filed by the Marin County-based Lucasfilm Ltd., on March 27. > > The suit claimed that Campbell, by using the name Luke Skyywalker, had engaged in unfair competition and infringement on a licensed Lucas trademark. Luke Skywalker is the fictional hero of Lucas’ blockbuster “Star Wars” trilogy. ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [February 1, 2015, 12:01am UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/13 "2015-02-01T00:01:02Z")
> [@buddha\_david](#): > > Movie titles can’t be copyrighted. > > As for Amon Amarth, Cirith Ungol, Gorgoroth etc., they’re probably too small-time for the Tolkien Estate to notice them. Or the Tolkien estate may not have actually trademarked every single name in the complete works? IIRC, while copyright exists \*ex proprio vigore \*when the work is created, you have to file for trademark specifically. ---
**Author:** ![usedtobe](https://avatars.discourse-cdn.com/v4/letter/u/ec9cab/32.png) [@usedtobe](https://boards.straightdope.com/u/usedtobe)\ **Post date:** [February 1, 2015, 12:04am UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/14 "2015-02-01T00:04:02Z")
Steely Dan stole the name from_Naked Lunch_ ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [February 1, 2015, 4:11am UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/15 "2015-02-01T04:11:33Z")
Deep Purple is taken from a song title. Fall Out Boy comes from a character in the Simpsons comic book. Husker Du was named for a children’s game REO Speedwagon took their name from a model of a truck, though the company was long out of business when the group was formed. The Thomson Twins are named for a couple of characters in the Tin Tin comics, but the characters were actually twins: they looked identical, but their names were Thompson and Thomson (in English editions: in the original French, they were Dupont and Dupond). ---
**Author:** ![MsKaren](https://avatars.discourse-cdn.com/v4/letter/m/a183cd/32.png) [@MsKaren](https://boards.straightdope.com/u/MsKaren)\ **Post date:** [February 1, 2015, 5:01am UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/16 "2015-02-01T05:01:03Z")
> [@RealityChuck](#): > > The seminal country rock group Poco was originally called “Pogo” until Walt Kelly threatened to sue. Not sure how strong a case he would have had; I can’t determine if he had trademarked the name. > > **[SIZE=“5”]T[SIZE=“3”]hey Might Be Giants are named after a movie.[/SIZE][/SIZE]** > Duran Duran come from a character name in **Barbarella**. > Death Cab for Cutie are named for a Bonzo Dog Band song. That in turn was named for a quote from Cervantes Don Quixote. The Rolling Stones took their name from a Muddy Waters song. It is pretty common for bands to take names from songs or literature. It is taking names from one another that ends them up in court. www.rollingstone.com/…/one-direction-settle-lawsuit-again… ---
**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\ **Post date:** [February 1, 2015, 5:05am UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/17 "2015-02-01T05:05:31Z")
> [@HowSoonIsThen](#): > > Semi inspired by the “Can I do what Warhol did” thread, a lot of bands are named after copyrighted material (e.g. Black Sabbath is named after a movie, many Black Metal bands take their names from the Lord of the Rings). > > How are they able to get away with this? Is it just considered “fair use”? Have any bands ever been sued for their name (I know some bands have been sued for sharing a name with another band, but I’ve not heard of any being sued because they took their name from a book/movie/game/etc.). For starters, Black Sabbath was an expression way before the movie. Getting intelectual protections for items named “Black Sabbath”, “Exodus” or “Capri” won’t work because those are all pre-existing terms with their own meanings. “Capri, c’est fini” would be protected, because that wasn’t an expression before the song - “Capri” alone wouldn’t. ---
**Author:** ![Wolf333](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolf333/32/3460_2.png) [@Wolf333](https://boards.straightdope.com/u/Wolf333)\ **Post date:** [February 1, 2015, 5:23am UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/18 "2015-02-01T05:23:39Z")
Let’s see… Red Cross had to change their name to Redd Kross Captain America became Eugenius Those who did not have to change their names… The Boo Radleys - character in To Kill A Mockingbird Funeral for a Friend - an Elton John Song Demon Cleaner - a Kyuss song Conan - Conan The Devil Wears Prada - book title My Bloody Valentine - movie title Faster Pussycat - part of a movie title Mudhoney - movie title Atari Teenage Riot - Atari Velocity Girl - a Primal Scream song Love and Rockets - a series of graphic novels Sisters of Mercy - a Leonard Cohen song White Zombie - movie title. Their second album, “Make Them Die Slowly”, was also a movie title ---
**Author:** ![Elemenopy](https://avatars.discourse-cdn.com/v4/letter/e/b5e925/32.png) [@Elemenopy](https://boards.straightdope.com/u/Elemenopy)\ **Post date:** [February 1, 2015, 11:42pm UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/19 "2015-02-01T23:42:29Z")
Green Jelly/[Jello](http://en.wikipedia.org/wiki/Green_Jell%C3%BF)got muscled by Kraft in the early 90s when their song “The Three Little Pigs” got some real airplay. So they became Green Jelly. ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [February 2, 2015, 12:07am UTC](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413/20 "2015-02-02T00:07:54Z")
> [@Elemenopy](#): > > Green Jelly/[Jello](http://en.wikipedia.org/wiki/Green_Jell%C3%BF)got muscled by Kraft in the early 90s when their song “The Three Little Pigs” got some real airplay. So they became Green Jelly. Which **Flywheel** mentioned in post #7. [Next page](https://boards.straightdope.com/t/bands-named-after-copyrighted-material/711413.md?page=2)