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Joined: Jun 2001
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PopTodd Offline OP
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on MySpace.

I sent them a nice little note, explaining that we had this name (Hop On Pop) before they did (which is true), and even released a record before they formed (which is also true). Then I asked them if they would please change their name.

I tried not to be a jerk about it, but we do have som equity in the name and don't want to be confused. (Even though I do like their music.)

I also sent them a "friend" request over there.
How would you handle this?

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Hey Todd,

Unless you trademarked your band name, there isn't much you can do about it. As far as I know, there's nothing you or the other band can do about it until one or the other gets a trademark. Odds are, there are probably a couple of other bands out there using the same name as well.

If one of you gets a deal with a label and the label trademarks the name before anyone else (assuming this hasn't already happened), the rest of you are out of luck because the label will own the name at that point.

Van


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You'll need to register your name with the trademark office, I believe. State by state as I understand it. Otherwise, I or anyone can use your name.....Johnny Pop Todd!

To anyone: Is there a federal way to do it, like registering our song's copyrights?


Actually a Member Since 1996 or 97 (Number One Hundred Something).
https://www.soundclick.com/bands3/default.cfm?bandID=1409522





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Well, there are at least 6 musicians out there with the name "Steve West". One just asked to be a myspace friend and of course I said "yes". So far though, the only problem that I've run into is when folks show up at one of my shows thinking I'm Steve West, the Rapper from Philly grin


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I hate to tell you this, but I just did a search for "Hop on pop" in myspace music and found not two, but five bands with that name....and none of them was your band! Something's screwy with their search function because you are spelling yours the same....

Anyway, I am a music junkie and I am often looking up obscure bands on myspace to have a listen to stuff....you would be floored to discover how many bands share names across the country and across the planet.

Even my band, "The Hosts" has a counterpart in England, who had registered the name on myspace months before I did.

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Well, another thought would be to register you band's name with one of the band name registrars. It's not as strong as a registered trademark but it couldn't hurt. Bandname dot com is one.
You can also register your band name as a business name in the city and state you perform in and could also register in other states.
I registered Dakota Night as well as my solo persona, Dak Lander, assoon as the registrars showed up back in '97 or so.

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PopTodd Offline OP
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Originally Posted by Greg B Host
I hate to tell you this, but I just did a search for "Hop on pop" in myspace music and found not two, but five bands with that name....and none of them was your band! Something's screwy with their search function because you are spelling yours the same....

Anyway, I am a music junkie and I am often looking up obscure bands on myspace to have a listen to stuff....you would be floored to discover how many bands share names across the country and across the planet.

Even my band, "The Hosts" has a counterpart in England, who had registered the name on myspace months before I did.


One thing that I do have in my favor:
http://wm09.allmusic.com/cg/amg.dll?p=amg&sql=11:0vfoxqlaldae

Not saying that it serves as a registrar, but it is proof that we were out there as a working band since '02.

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This is better answered by Stu or another attorney, which I am not.

Fact: "Hop On Pop" itself is a trademark of Dr. Seuss Enterprises, L.P. You can find that info at the USPTO site.

Questions to ask yourself:

You own hoponpopmusic.com and you have physical CDs, so you have some proof that you've been using the name for commerce for awhile. Do you sell enough CDs and make enough money to justify hiring a lawyer to defend your mark, if needed?
Does your band tour regularly outside its region? How well-known are you outside your home state and the US?

"Hop On Pop" doesn't strike me as being a very distinctive name for a band. Everyone knows the Dr. Seuss book so I'm not surprised to hear there are other bands using the name. Are you sure that you were the very first?

Also: your website appears to be all Flash, so you're not the top search result in Google. Small but important detail since the web is the first place people will check before settling on a band name.

Like I said, an attorney would advise you on what your options are. Personally I wouldn't contact the other bands at all unless I had an attorney to do it for me. You never know who's at the receiving end and how willing they are to defend themselves from *you* smile

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I thought that you got kicked out of your band...you could just use this new name then "hop out of hop on pop"


Herbie
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POP SUPERHERO... AT YOUR SERVICE! *WINK*

By all means, if you can afford it, DO TRADEMARK YOUR BAND NAME. If you can't afford it, you will find an uphill, expensive battle in securing your merchandising rights. BUT... The US trademark offices *claim* whoever was selling whatever, wherever FIRST, owns the rights to do so, trademark or not. GOOD LUCK PROVING THIS IN COURT... AND AFFORDING A LONG, DRAWN OUT LEGAL BATTLE THOUGH!

GIRL POWER!
CCG POP SUPERHERO
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Strength Through Unity!

JULIAN aKa CCG Pop Superhero

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Think of all the fun you would have if your real last name was "Disney" and you used the band name, The Disney Band.

Their lawyers would be lawsuiting you to death.

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T
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out of curiosity, how are things going with "Todd and the PopHoppers"?

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PopTodd Offline OP
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Originally Posted by Tom Tracy
out of curiosity, how are things going with "Todd and the PopHoppers"?


We all play in another band together, led by the bass player.
Well, said bass player decided that he had to follow his own muse, to the exclusion of Hop On Pop.

We also rehearse in his basement. And, well, are (were), therefore rooted to that spot. So, essentially, I've been kicked out of my own band.

Still looking to find some way to get something going.

Yay me.

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A
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doensn't really matter who had the band name first

what matters is

Who registered the Trade Marks first?
http://www.uspto.gov/
http://www.uspto.gov/teas/

now you've alerted them that you too are using the name
have they beaten you to the punch?

Originally Posted by PopTodd
on MySpace.

I sent them a nice little note, explaining that we had this name (Hop On Pop) before they did (which is true), and even released a record before they formed (which is also true). Then I asked them if they would please change their name.

I tried not to be a jerk about it, but we do have som equity in the name and don't want to be confused. (Even though I do like their music.)

I also sent them a "friend" request over there.
How would you handle this?


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