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Post by swilliam on Dec 11, 2008 7:49:08 GMT -5
I guess there is also a Roskopp from CO too, not just the one from Australia. the US band has a member of catheter. shit is pretty good too. weird.
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Post by earthworm on Dec 11, 2008 8:28:25 GMT -5
Enola Gay... that name has gotten around over the years.
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Post by ogx on Dec 11, 2008 9:55:49 GMT -5
There are like 7 or 8 different Disgorges around.
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Post by ToLiveALie on Dec 11, 2008 12:48:31 GMT -5
Nausea Pandamonium
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Post by ToLiveALie on Dec 11, 2008 12:48:59 GMT -5
But that might be two different spellings of Pandemonium and Pandamonium, I can't remember.
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Post by earthworm on Dec 11, 2008 13:37:33 GMT -5
one of my old bands, Mold... we came first (hcthrashcrust90-93... and i have extensively searched for any band bearing the name, that pre-dated us), then came the canadian Mold (powerpoppunk trio formed right around the time we disbanded). one from Norway emerged around that time, as well. (never heard them but they were listed as being a punk band, as well), and now, some craptastic Polish nu-metal alt-vomit band is carrying the name. it seems like there was an electronic euro-trash name holder, as well. dissent, disrupt, sleep, dystopia, rupture... they've all had sharers going on over the years... and there are countless more coming and going... in the same or similar genres, as well as the perpetual out of genre namesharers that are always in rap or electronic music. ---------- what sucks, is when two of them collide in the present, and someone decides to sue someone else. unfortunately, i've seen this happen. our bassist used to be in a band named; Aftermath (thrashdeathhc87-93). Well, there was another Aftermath (horridglamrockmetal that was doomed to go nowhere, from some toilet-hole in the midwest). THAT guy did something no one had expected. he went all copyright trademark crazy, and threatened to sue. what an asshole. anyway, abe modified the band name to Aftermath AD. there are a few bands with similar names to ours... there is now a Man Must Die, and a Man Destroys Himself, but still there is only one Man Will Destroy Himself. you see, when Abe originally formed MWDH, in 2001, he learned his lesson, and went ahead and copyrighted the name to avoid another incident like what happened before, with dickface. it sucks, it doesn't seem very punk rock and all, but look at what's happening with Middian. Shit can get ugly... and stupid... fast!
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Post by yeastydeath on Dec 11, 2008 16:11:58 GMT -5
Yea, fuck that other faggy Midian band from Wisconsin. It's not even spelled the fucking same.
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Post by absurdexposition on Dec 11, 2008 16:48:29 GMT -5
Sojourner (hardcore from Tacoma, and metal from somewhere else in the US)
There's at least two bands called Moloch, and both are doom/sludge bands.
Old internet friends from Crewe, England were in a band called Shibby. Some other band that came a while after they formed had the same name and wanted to sue them. So my friends became 'Not Shibby'. I thought it was gold.
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Post by ToLiveALie on Dec 11, 2008 17:25:53 GMT -5
How do you go about copyrighting your band name? mega $$?
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Post by absurdexposition on Dec 11, 2008 18:56:56 GMT -5
There's a band from around here called War Hero, and they sometimes play at The Cobalt Bar.
There's a band from California called War Hero and they sometimes plat at The Cobalt Cafe.
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Post by rogerderok on Dec 12, 2008 5:31:40 GMT -5
And Will Butler is suing Will Toftness even though Toftness is older.
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Post by ToLiveALie on Dec 12, 2008 7:46:36 GMT -5
Is he actually older? Haha.
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Post by earthworm on Dec 12, 2008 8:05:19 GMT -5
...It's not even spelled the fucking same. that's part of what is so absolutely retarded with that case. ------------------- How do you go about copyrighting your band name? mega $$? i guess "copyright" is the wrong word. anyway, i'll ask abe more about it at practice and get some cleaner details. i don't think it costs much to do, though. apparently you just register a trademark... or "service mark", rather, with the patent office. i would imagine that it's a nominal fee. a whole cheaper than fighting some stupid assed court case with a bunch of leeches. I found this copypasta on some lawyer's website, detailing an overview of Band Names & Trademark Law. ------------------copypastaGO!------------------- BAND NAMES AND TRADEMARK LAW - AN OVERVIEW WHAT IS A TRADEMARK? A common misunderstanding is the idea that one can "copyright" a band name. While it is possible to copyright the design of a band logo, the band name itself is not copyrightable. Band names are protectable under trademark law, because like "brand names" they allow us to distinguish one band's music and identity from another. They are what enable us to distinguish between a "Beatles" record on the one hand, and a "Chipmunks" or "Wiggles" record on the other. Technically speaking, a "trademark" is a word, symbol or device (such as a brand name or logo) that distinguishes one set of goods from another. Band names are actually considered "service marks" because they help distinguish between providers of entertainment services. If they are used in interstate commerce, trademarks and service marks can both be registered with the U.S. Office of Patents and Trademarks. Besides obtaining registration of a service mark, a band may also register its name as a trademark if it is associated with specific merchandise, such as record albums, t-shirts or school lunch boxes. In addition to Federal registration, trademarks and service marks may also be registered on on a State-by-State basis. While Federal registration is the best way to protect your rights to a band name, even State registration of your mark is better than no registration at all. WHAT IS A COMMON LAW TRADEMARK? Even without registration, your band may have some rights to your band's name if the name is been actively being used on a commercial basis. The extent of "common law" rights your band name may have acquired will depend on how long, and in what regions, the name has been used. If your band name has been established in a particular region, it is possible to prevent subsequent bands from using the same name in that region. By the same token, two bands with the same name may each acquire common-law rights to the name in their respective territories. While this arrangement may not bother a small band performing in only in one geographic area, it can lead to serious problems if that band later becomes more ambitious. For instance, if band #1 from the Northeast scores a big record deal or attempts a national tour, it may be necessary to purchase any common law rights band #2 may have acquired in the same name in California. If band #2 doesn't want to give up its name, or their price is too high, then band #1 may have no choice but to change its name. WHAT BENEFITS ARE THERE TO TRADEMARK REGISTRATION? To avoid the above scenario, it is advisable to register your band's name with the U.S. Patent and Trademark Office. Besides giving "constructive notice" to subsequent bands that you have pre-existing rights to a name, U.S. registration allows you to sue in Federal Court for trademark infringement. The actual threat of a federal lawsuit for trademark infringement is usually enough to deter other bands from using your name. To receive any protection under state or federal trademark law you must first establish that your band name has been "used in commerce." It is not enough merely to think of a clever name - you need to show that you have publicly used the name in a commercial manner. For Federal registration, you must also establish proof that the name was used in "interstate" commerce, i.e., that your band name has been commercially used in more than one state, whether through sale of records, advertisements for shows, etc. Once you succeed in registering your band name as a Federal service mark, you are presumed to be the owner of that name throughout the United States, except for any rights which preexisting users may have acquired earlier under common law. CAN TRADEMARKS AND SERVICE MARKS BE RESERVED? Although trademark rights are generally granted to whoever can establish prior commercial use, it is now possible to reserve a name with the U.S. Office of Patents and Trademarks by filing an "intent to use" (ITU) registration. For instance, say you want to register your band name, but you've only performed twice in Seattle and the record company won't release your record for another five months. If you think this is a great name for your band, you can reserve it with the trademark office by showing a bona fide intent to use your "mark" on specific goods or services (such as records or a concert tour) in the near future. For the registration to be granted, you must also file subsequent proof that you in fact used the name on a commercial basis. If your ITU registration is granted, you can acquire superior rights to the name, even if another band actually uses the name before the registration was granted. CONCLUSION A band name is one of the most valuable assets a group can own. It can be extremely difficult to relinquish a band name and start all over again under a new moniker. Unfortunately, the loss of a band name can sometimes occur if a band fails to take the necessary precautions. Registration of your band name as a service mark is one of the best ways to retain your rights to a great name. ----------------\(^_^)/--------------------
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Post by rogerderok on Dec 12, 2008 11:22:34 GMT -5
Is he actually older? Haha. Doesn't matter. You're both jerks!
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Post by swilliam on Dec 12, 2008 14:42:13 GMT -5
mega older.
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Post by ToLiveALie on Dec 12, 2008 17:25:30 GMT -5
OGrinder
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Post by BigSeth on Dec 12, 2008 21:50:54 GMT -5
HAHA..
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Post by earthworm on Dec 13, 2008 13:38:59 GMT -5
i believe Ice-T's lawyer would like to have a word with you, regarding the proximity of the uppercase 'O', and upper case 'G', in your comment. tsk-tsk William, see you in court.
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Post by WillFatcore on Dec 14, 2008 20:48:27 GMT -5
i always wanted to make a band called "Necroticism-Descanting the Insalubrious"
our first cd would be titled "carcass"
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Post by BigSeth on Dec 14, 2008 22:05:58 GMT -5
i always wanted to make a band called "Necroticism-Descanting the Insalubrious" our first cd would be titled "carcass" Could be a sick name... N-DI
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Post by lordkramdar on Jan 4, 2009 15:47:57 GMT -5
there's some emo/rock (actually i don't know what the hell they are) band named Crossed Out. do people even check to see if someone has the name before they start their band? pet peeve.
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Post by yeastydeath on Jan 4, 2009 18:09:27 GMT -5
I hate whenever I see a Gob cd at a used cd shop, only to realize it's the pop punk one from Canada.
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Post by yeastydeath on Jan 4, 2009 18:10:35 GMT -5
Yea, fuck that other friendly persongy Midian band from Wisconsin. It's not even spelled the fucking same. Will you should change that to cigarette, because I don't think that word under any circumstance really means friendly person.
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