8 members (Everett Adams, VNORTH2, couchgrouch, Fdemetrio, Gary E. Andrews, Perry Neal Crawford, Sunset Poet, Guy E. Trepanier),
4,309
guests, and
255
robots. |
Key:
Admin,
Global Mod,
Mod
|
|
Welcome to the Just Plain Folks forums! You are currently viewing our forums as a Guest which gives you limited access to most of our discussions and to other features.
By joining our free community you will have access to post and respond to topics, communicate privately with our users (PM), respond to polls, upload content, and access many other features. Registration is fast, simple, and absolutely free; so please join our community today!
|
|
|
Joined: Jun 2001
Posts: 2,890
Top 100 Poster
|
OP
Top 100 Poster
Joined: Jun 2001
Posts: 2,890 |
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?
|
|
|
|
Joined: Aug 2003
Posts: 469
Serious Contributor
|
Serious Contributor
Joined: Aug 2003
Posts: 469 |
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
Van Borden a.k.a. Buzz Grudge
|
|
|
|
Joined: Jan 2001
Posts: 8,102
Top 25 Poster
|
Top 25 Poster
Joined: Jan 2001
Posts: 8,102 |
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?
|
|
|
|
Joined: Mar 2005
Posts: 906
Top 500 Poster
|
Top 500 Poster
Joined: Mar 2005
Posts: 906 |
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
|
|
|
|
Joined: Oct 2004
Posts: 37
Casual Observer
|
Casual Observer
Joined: Oct 2004
Posts: 37 |
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.
|
|
|
|
Joined: Nov 2002
Posts: 1,265
Serious Contributor
|
Serious Contributor
Joined: Nov 2002
Posts: 1,265 |
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.
|
|
|
|
Joined: Jun 2001
Posts: 2,890
Top 100 Poster
|
OP
Top 100 Poster
Joined: Jun 2001
Posts: 2,890 |
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.
|
|
|
|
Joined: Sep 2003
Posts: 1,294
Top 200 Poster
|
Top 200 Poster
Joined: Sep 2003
Posts: 1,294 |
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*
|
|
|
|
Joined: May 2003
Posts: 2,814
Top 100 Poster
|
Top 100 Poster
Joined: May 2003
Posts: 2,814 |
I thought that you got kicked out of your band...you could just use this new name then "hop out of hop on pop"
|
|
|
|
Joined: Jul 2002
Posts: 161
Serious Contributor
|
Serious Contributor
Joined: Jul 2002
Posts: 161 |
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 CookieCutterGirl.com PowerofPink.com Myspace.com/Cookiecuttergirl3
|
|
|
|
Joined: Jul 2002
Posts: 40
Casual Observer
|
Casual Observer
Joined: Jul 2002
Posts: 40 |
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.
|
|
|
|
Joined: Sep 2002
Posts: 2,558
Top 100 Poster
|
Top 100 Poster
Joined: Sep 2002
Posts: 2,558 |
out of curiosity, how are things going with "Todd and the PopHoppers"?
|
|
|
|
Joined: Jun 2001
Posts: 2,890
Top 100 Poster
|
OP
Top 100 Poster
Joined: Jun 2001
Posts: 2,890 |
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.
|
|
|
|
Joined: Feb 2001
Posts: 2,448
Top 200 Poster
|
Top 200 Poster
Joined: Feb 2001
Posts: 2,448 |
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? 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?
Ande Rasmus sen Ande R a s m u s s e n@aol.com Ande R a s m u s s e n.com SongRamp.com/ande MySpace.com/anders
Texas Grammy Gov 06-08 grammy.com/Texas
Editor Of "Inspirations for Songwriters" SongWriterBlog.com Explore the message archive
To receive IFS SEND an EMPTY email to: difs-subscribe@yahoogroups.com
|
|
|
We would like to keep the membership in Just Plain Folks FREE! Your donation helps support the many programs we offer including Road Trips and the Music Awards.
|
|
Forums117
Topics125,717
Posts1,160,950
Members21,470
|
Most Online37,523 Jan 25th, 2020
|
|
"If one man can do it, any man can do it. It is true. But the real question is, if one man did it, are you willing to do what it takes to do it as well?" –Brian Austin Whitney
|
|
|
|