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Leafs
by Gary E. Andrews - 03/04/24 12:47 PM
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Joined: Jan 2006
Posts: 2
Casual Observer
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OP
Casual Observer
Joined: Jan 2006
Posts: 2 |
Hi. There is a rapper with the same name as my band, RIO. It looks as though he's on a small indie label but you can still buy his music online. My group is almost done recording our album but does not have anything out yet so are we not allowed to use that name? Even if we're a different genre? Where do I go to find out if I can legally use that name or not.
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Joined: May 2004
Posts: 486
JPF Mentor
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JPF Mentor
Joined: May 2004
Posts: 486 |
I would immediately file to Trademark the name. Your attorney can do a Trademark search to determine whether there is an enforceable prior use. If you get the trademark issued, you can then force the other artist to stop using the name. It would be better to spend the money now to obtain the trandemark rather than putting out an album and finding out later that all of your pomotion efforts were wasted because somebody else gets the trademark and prohibits you from using the name (you might even have to recall your product from the market if it turns out that your use is confusingly similar and someone else got the trademark before you did).
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Joined: Jan 2006
Posts: 2
Casual Observer
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OP
Casual Observer
Joined: Jan 2006
Posts: 2 |
Where is the best place to find an attorney of this nature? Other than going into the phone book or internet, which I can also do if that is how it is done. I'm in L.A.
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Joined: Apr 2001
Posts: 19,576 Likes: 13
Top 10 Poster
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Top 10 Poster
Joined: Apr 2001
Posts: 19,576 Likes: 13 |
Stu is right of course. But just a side note opinion: The name RIO is so common that I'd be shocked if someone hasn't already claimed it. I know there's a huge MP3 player called the RIO as well. I wouldn't be surprised to learn that they got all rights available. But that's only opinion and observation. Definitely check it out with a Trademark attorney. If it's already been claimed, then you need to find a new name. One way to look for a new name is to search for web domains that are available. If it's an available web domain, that might indicate a higher likelyhood that it's worth your time to do a search to see if it's available. If it's not available.. then it's like a more common name and likely someone has a claim on it. Again, just a rule of thumb to help in searching for a name more likely to be available than unavailable. An attorney needs to verify this for you and either clear it or let you know its taken. You can also do a simple web search and place the name you want and MUSIC in the search and see what comes up. If you find one or more bands, you may already be in for a fight even if they haven't registered it.
Brian
Brian Austin Whitney Founder Just Plain Folks jpfolkspro@gmail.com Skype: Brian Austin Whitney Facebook: www.facebook.com/justplainfolks"Don't sit around and wait for success to come to you... it doesn't know the way." -Brian Austin Whitney "It's easier to be the bigger man when you actually are..." -Brian Austin Whitney "Sometimes all you have to do to inspire humans to greatness is to give them a reason and opportunity to do something great." -Brian Austin Whitney
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Joined: Aug 2002
Posts: 7,044 Likes: 16
Top 40 Poster
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Top 40 Poster
Joined: Aug 2002
Posts: 7,044 Likes: 16 |
What would happen if two people with the exact same name were recording using their names.Would this cause problems,other than the obvious?
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Joined: Sep 2003
Posts: 1,294
Top 200 Poster
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Top 200 Poster
Joined: Sep 2003
Posts: 1,294 |
<font face="Verdana, Arial" size="2">Originally posted by ECA333: What would happen if two people with the exact same name were recording using their names.Would this cause problems,other than the obvious?</font> Yes, it could. For example, there's probably lots of people out there named Dave Matthews, and some of them probably play guitar. But guess what: Dave Matthews (the famous one) has his name trademarked: http://tess2.uspto.gov/bin/showfield?f=doc&state=o1gad4.3.1 So really, no one else can record under that name without violating the trademark. ------------------ Scott Andrew Lo-fi acoustic pop superhero! http://www.scottandrew.com/music
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Joined: May 2004
Posts: 486
JPF Mentor
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JPF Mentor
Joined: May 2004
Posts: 486 |
To follow up on Brian's comment, the ability to trademark the name depends on the categories in which the mark has already been registered. That's why you can have an Acme trademark for widgets, and somebody else can get an Acme trademark for a restaurant. There are separate filing fees per category, and that is why it is possible that someone who has trademarked RIO for an MP3 device would not also have trademarked it for all other categories. As I stated before, your attorney can do a preliminary search and tell you whether there are already registrations out there that will prevent you from getting your proposed mark. As to finding an attorney, just call your local county Bar Association and ask them for the name of someone who does intellectual property and entertainment law (they may have trademark lawyers, but you should also see if they have anyone who does entertainment law, as most entertaiment law practitioners also do copyright and trademark and it wouldn't hurt to establish a relationship with an entertainment lawyer you can go back to in the future). Good luck
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