# Who owns a band name? **URL:** \ **Category:** Factual Questions\ **Created:** [March 18, 2004, 6:56pm UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065 "2004-03-18T18:56:41Z")\ **Posts on this page:** 11\ **Page:** 2
**Author:** ![Nobody](https://avatars.discourse-cdn.com/v4/letter/n/94ad74/32.png) [@Nobody](https://boards.straightdope.com/u/Nobody)\ **Post date:** [March 20, 2004, 2:29am UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065/21 "2004-03-20T02:29:48Z")
Thank you Eats\_Crayons and Walloon. I didn’t realizing that registering a band name could be so complicated. ---
**Author:** ![Cardinal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cardinal/32/4000_2.png) [@Cardinal](https://boards.straightdope.com/u/Cardinal)\ **Post date:** [March 20, 2004, 3:12am UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065/22 "2004-03-20T03:12:29Z")
That idea of the name being corporately owned must be behind the situation I remember that forced David Crosby and some other originals to play about 10 shows as the Byrds many years after they had quit. The drummer apparently had been touring as the Byrds with unknowns playing the rest. I remember because they played Ventura, where I lived at the time. ---
**Author:** ![Eats\_Crayons](https://avatars.discourse-cdn.com/v4/letter/e/278dde/32.png) [@Eats\_Crayons](https://boards.straightdope.com/u/Eats_Crayons)\ **Post date:** [March 20, 2004, 4:07am UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065/23 "2004-03-20T04:07:25Z")
> [@Joel](#): > > Thank you Eats\_Crayons and Walloon. I didn’t realizing that registering a band name could be so complicated. It also varies depending on juristiction and the nature of the band name or _logo_. NOTE: The following varies by juristiction (i.e. the country you’re in). Trade names (using a Canadian example) belong to the first business to use it in a given jurisdiction. There is a right of protection (against the use by others) for trade names because they have value attributed to them by reputation and brand/product identification. NOTE: Businesses can have the same name if their products are radically different. So “Eats\_Crayons” the band would not be in conflict with “Eats\_Crayons” the pencil sharpner. Example: The UK band “Bush” (with Gavin What’sHisNuts) had to sell their self-titled debut CD “Bush” as “Bush X” in Canada where it would have infringed on the use of “Bush” by a Canadian band (with pre-“Guess Who” guitarist, Domenic Troiano). The “one hit wonder” Canadian band had released an album and under the name “Bush” in 1970 and re-released it on CD in the early 1990s. So they could legally tell Gavin to stuff it. The “Bush” vs. “Bush X” issue was resolved amicably in 1997 and the UK band is now recognized as “Bush” (no X) in Canada. IIRC, proceeds of the deal went to charity. When you form a band it really, really is recommended that you come to some kind of written agreement with respect to the way the band name is managed. Always, _always_ put together mini-contract. Even if your band-mates are your best friends. You want to have basic contract in place both for your protection and theirs. Sounds ugly – like a prenuptial agreement – but really, you’re doing it to protect all your best interests. If things go sour, bad feelings can make you behave quite differenlty than you every thought you would. For starting your own band, I’d simply start fresh and have all promo saying something along the lines of “Eats Crayons Superstar: Formerly of My Friend’s Are Losers Band”. Avoid the hassles altogether. ---
**Author:** ![elfkin477](https://avatars.discourse-cdn.com/v4/letter/e/a9a28c/32.png) [@elfkin477](https://boards.straightdope.com/u/elfkin477)\ **Post date:** [March 20, 2004, 4:27am UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065/24 "2004-03-20T04:27:57Z")
\ Are the names of bands used in works of fiction also copy-righted? Could a band name themselves Stillwater (“Almost Famous”) or Eddie and the Cruisers or some other name from a movie? Or what about in a book, suppose I publish a book and use the band names from my fics (Beer is Not a Sex Crime and The Money Grubbing Communists), could someone just take those names for their bands? \ ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [March 20, 2004, 4:51am UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065/25 "2004-03-20T04:51:26Z")
You cannot copyright a name or title under U.S. copyright law. Band names are service marks. ---
**Author:** ![Cardinal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cardinal/32/4000_2.png) [@Cardinal](https://boards.straightdope.com/u/Cardinal)\ **Post date:** [March 20, 2004, 5:53am UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065/26 "2004-03-20T05:53:24Z")
That’s in interesting point about the bands in movies or books. I wonder if Crowe registered “Stillwater” as his service mark, so no one could tour under that name without his permission, which he wouldn’t give. How much does it cost to register these, who does it, and how complicated is it? ---
**Author:** ![Pencil\_Pusher](https://avatars.discourse-cdn.com/v4/letter/p/b38774/32.png) [@Pencil\_Pusher](https://boards.straightdope.com/u/Pencil_Pusher)\ **Post date:** [March 20, 2004, 6:30am UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065/27 "2004-03-20T06:30:27Z")
> [@elfkin477](#): > > \ > Are the names of bands used in works of fiction also copy-righted? Could a band name themselves Stillwater (“Almost Famous”) or Eddie and the Cruisers or some other name from a movie? Or what about in a book, suppose I publish a book and use the band names from my fics (Beer is Not a Sex Crime and The Money Grubbing Communists), could someone just take those names for their bands? > \ Copyright protects original works of authorship. Typically a name is not an original work of authorship. You might be able to make some sort of novel argument making parallels to fan fiction, but its too late for me to consider such things. So, the question is one of trademark law. A trademark exists for only one purpose…to inform consumers of a product’s origin (or sponsorship). So, the question is reduced to “will the consumer be confused if a band named themselves Stillwater?” Specifically, sec. 1125 of the TM act says: > [@](#): > > (a) Civil action > (1) > Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which - > (A) **is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person** , or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or > (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, > > shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. Note that the statute does not require the fictional band to be trademarked, just that consumers be confused. I should note that Sec. 1127 of the TM act says: > [@](#): > > Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor. So, for radio and tv programs, additional relief\* can be sought if the “other distinctive features,” which I would say includes band names, were actually registered. (I haven’t done one for a while, but I seem to recall charging about $2k for a federal registration) In the absense of a registration (and for books and movies, which are not mentioned in 1127), I’m not sure whether such “other distinctive features” could rise to the level of being a trademark/service mark. \*Dillution, for example, is only available for famous tm/sm. Usually, the fight is over whether a mark is famous. However, if you were to try to claim “Stillwater” is a sm, then be prepared to fight over whether it is actually a mark. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [March 20, 2004, 7:21am UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065/28 "2004-03-20T07:21:04Z")
[Basic facts about trademarks.](http://www.uspto.gov/web/offices/tac/doc/basic/) [U.S. Patent and Trademark Office](http://www.uspto.gov/web/offices/ac/qs/ope/fee2004jan01.htm) fees for trademarks and service marks. The fee to apply for a trademark or service mark registration is $335.00. > [@](#): > > An “intent to use” application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. . . If you file based on intent to use, you must begin actual use of the mark in commerce before the USPTO will register the mark; that is, after filing an application based on “intent to use,” you must later file another form (“Allegation of Use”) to establish that use has begun. . . “Use in commerce” must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. There actually was a service mark registration for a band named Stillwater, apparently unrelated to the movie _Almost Famous_, as the registration says that the band first used the name in 1988, and began using it commercially in 1989. The service mark application was filed in 1991. The registration was cancelled in 2004 after the Nashville-based owner of the mark failed to file an affidavit or declaration that sets forth goods and services in connection with which the mark is in use. ---
**Author:** ![GawnFishin](https://avatars.discourse-cdn.com/v4/letter/g/e9bcb4/32.png) [@GawnFishin](https://boards.straightdope.com/u/GawnFishin)\ **Post date:** [March 20, 2004, 5:55pm UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065/29 "2004-03-20T17:55:03Z")
How would this then apply to a name like Spinal Tap as the title of the movie is “This is Spinal Tap” could some use just “Spinal Tap” or maybe the name “This isn’t Spinal Tap”? There doesn’t seem to be any use of “Spinal Tap” that I can find. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [March 20, 2004, 6:13pm UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065/30 "2004-03-20T18:13:31Z")
Two Spinal Tap albums are still in print: _This Is Spinal Tap_ and _Break Like the Wind_. ---
**Author:** ![KGS](https://avatars.discourse-cdn.com/v4/letter/k/90ced4/32.png) [@KGS](https://boards.straightdope.com/u/KGS)\ **Post date:** [March 20, 2004, 6:21pm UTC](https://boards.straightdope.com/t/who-owns-a-band-name/235065/31 "2004-03-20T18:21:15Z")
Anecdote: In 1991, the band name **Yes** was litigated over by ex-members Jon Anderson, Bill Bruford, Rick Wakeman, and Steve Howe (who had just released an album called, well, _Anderson Bruford Wakeman & Howe_) versus the current lineup of Chris Squire, Trevor Rabin, Tony Kaye and Alan White. They settled the dispute by uniting BOTH bands and touring as an eight-piece. [Previous page](https://boards.straightdope.com/t/who-owns-a-band-name/235065.md?page=1)