music advice regarding trademark/copyright of band names...

[The_Kid]

So, here is what I found, and I think we are safe to continue using our name because all of these points apply in our favor....with the exception that we are not 'trademarked' (yet), but do have some established commercial use of OUR brand/logo.

from http://www.digitalmusicnews.com/permali ... 09twobands

SG: How does someone establish rights in a name?



JT and AT: Trademark rights in the United States can arise from use and from the trademark registration process. Trademark registration is discussed in Section 2. c. below. Under United States trademark law, a party can establish “common law” trademark rights simply by virtue of using the mark in commerce. Generally, “use in commerce” for the purpose of establishing rights means displaying the trademark to prospective purchasers in a manner that associates the mark with the mark owner’s goods, services, or business.

Absent a federal registration, the trademark owner's rights in a mark are limited geographically to the scope of the owner's reputation. Therefore, absent a federal registration, it is entirely possible for two different entities to share rights in an identical mark for identical services if:

(1) The second party to adopt the mark offers its products or services in a geographic area so remote from that of the prior user that it is unlikely the public will be confused or deceived; and,

(2) The second party's adoption is in good faith (without knowledge of the prior user's use) and outside of the prior user’s area of market penetration and "zone of protection. "

In these circumstances, each user is entitled to prevent the other from entering into its "zone of protection" and both parties have the right to expand into "unoccupied territory" so long as their areas of operation remain remote. Thus, for example, a band in Atlanta, Georgia, with only a regional reputation in the southeastern United States can peacefully coexist with a band in Seattle, Washington, using the identical name. As long as each group stays within its zone of recognition, no confusion is likely. However, problems can begin to emerge if the Atlanta band signs a major label recording contract that provides opportunities for nationwide touring and record distribution. In this event, the Atlanta group will need to resolve the potential trademark dispute with its Seattle counterpart, or else face the possibility of committing trademark infringement when it sells records and tours in the Pacific Northwest.

For any band beginning to enjoy a taste of success in the music business, it is worthwhile to check the PTO website’s registration database (available at www. uspto. gov) and to do some targeted Google searches to ensure that their name is available for wider use.

Both points above are in our favor, our market is so small here in Appleton, WI. We generally do not play outside of a 100 mile radius...and realistically, its more of about a 60 mile radius. The other band is based out of Germany, which when I researched them again today looking for more information to 'shut us down' I only found that yes they are international...but its only in Ukraine, Belarus, Germany so, nothing outside of those areas of Europe. I do not honestly believe that when anyone would look at our FB page, and then look at their fb page....you would be so confused as to who was who that it would cause the confusion this article is referring to. Which leads into number two's point that their zone of protection is severely different than our zone of protection, and there is no intent on our part to infringe on theirs...

2nd point is...

SG: How can you protect your name in foreign countries and why?



Unlike copyright law, trademark law is territorial. The Berne Convention copyright treaty allows a U. S. -based artist to enforce her copyright in a song in over 160 countries, including almost every market of general significance. By contrast, even if a party establishes trademark rights in the U. S. through widespread use and/or federal registration, that party’s rights in the trademark end at the U. S. border. Other nations regulate trademarks according to their own laws. Some countries – most notably, the U. S. , the U. K. , Canada, and Australia – allow a party to establish common law rights based on use of a trademark. Many international trademark regimes are first-to-file regimes, so an artist seeking to protect her use of a trademark in these countries should apply for a trademark registration. We recommend meeting with an attorney to discuss international trademark protection options whenever international trademark issues arise.

again, seems to make my point I made earlier about trademarks being territorial.

 

[abrackas]

If I had to guess I would say the band name is.....

Tomorrow's Eve

Looks like the German version has a jump on Wikipedia.

This page has some useful info
http://www.digitalmusicnews.com/permali ... 09twobands

"SG: How can you protect your name in foreign countries and why?

Unlike copyright law, trademark law is territorial. The Berne Convention copyright treaty allows a U. S. -based artist to enforce her copyright in a song in over 160 countries, including almost every market of general significance. By contrast, even if a party establishes trademark rights in the U. S. through widespread use and/or federal registration, that party’s rights in the trademark end at the U. S. border. Other nations regulate trademarks according to their own laws. Some countries – most notably, the U. S. , the U. K. , Canada, and Australia – allow a party to establish common law rights based on use of a trademark. Many international trademark regimes are first-to-file regimes, so an artist seeking to protect her use of a trademark in these countries should apply for a trademark registration. We recommend meeting with an attorney to discuss international trademark protection options whenever international trademark issues arise."

 

[311boogieman]

^ I think that helps explain how Bugera gets all of their 'ideas'