Re: how do you protect a name?

On Mon, Mar 15, 1999, Steve Kelfer <cars[_at_]stic.net> wrote:
>
> This question came up on another listserv. I would like to throw it
> out here in hopes someone can spare the details
>
> > How do you go about copyrighting a band name... and how much does
> > it cost?
>
> Reply: In the U.S.A. I don't think you can copyright a band's name. To
> protect the name, you need to register the band as a corporation and
> then your name will be protected by the same laws entitled to businesses
> who incorporate. Note that you won't be able to protect the name
> globally.
>
> Another Reply: For this to work you have to incorporate in all 50
> states, though. If you use the name long enough you might eventually
> be able to trademark it assuming it was novel enough. If you don't
> have the money to incorporate most states have assumed names. These
> are cheap but offer a limited amount of protection.
>
> Followed by this: ... are you saying I can call my new company or band
> General Motors, Inc. and GM can't do anything about it - I mean, if I
> incorporated in a State that GM is not incorporated ?
>
> And the answer is?

You don't need to incorporate to have common law trademark rights in a band name. Once a band is fully engaged in interstate commerce, either by record sales or touring, it's time to apply for a federal service mark registration. Most record contracts require it anyway.

Charles McGarry
<cmcgarry[_at_]ix.netcom.com> Received on Mon Mar 15 1999 - 14:46:47 GMT