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Need law helpline. Is this the right place?

Last post 05-22-2008, 12:42 AM by james70. 2 replies.
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  •  05-06-2008, 6:43 AM 2975650

    Need law helpline. Is this the right place?

    Long story short. I formed a band 4 years ago. Hand selected all members, Wrote 60% of all music, Named the band, and created the logo. I have all kinds of paper work, online forms, and hundreds of people that will tell you this was my project. Anyway on the 25th of march 2008 they came to me with this singer in mind (they all knew I was talking to a singer from brazil at this time, for about 3 weeks) so, they said something to me about this singer and I said "NO" and they said "if I felt that way then it was time to part ways" I said If you all feel that way then I quit. I figured I would find replacements. Little did I know they went on the 10th of march 2008 and got my Band name copyrighted in their names. Ok. So they said they put my name on the song. If this is so, then I'm cool with that. What i'm not cool with is MY band name that I spent 4 years in pushing and getting it out there. They Stole my band name and I want it back at all cost. What can I do. I have a new guys and I want my same band name. I also would like some info on how to get this singer from brazil to the U.S. Should I just go ahead and use my band name and let them take me to court (less money for me to spend if they take me to court, true?) As stated above, I have proof from years ago of this name belonging to me. It is mine. I told them they need to change their name and thats when i found out about this.

     

    Thanks

    James H.

    hestandsdecorating@myway.com

  •  05-08-2008, 1:22 AM 2982903 in reply to 2975650

    Re: Need law helpline. Is this the right place?

    First, they cannot copyright a name. They can file for a trademark, or more specifically, a service mark. Then you need to find out if it is a state or larger servicemark. This info should be publically available. If they are bluffing then you can file first. If not, then you should seek legal recourse. A good place to start is musiclaw.info. Here is a link, http://www.musiclaw.info/bandname.html. Hope this helps.
  •  05-22-2008, 12:42 AM 3031856 in reply to 2982903

    Re: Need law helpline. Is this the right place?

    Thanks Redbeard. This may very well help me. I did a search and no info showed up on either site.

     

     

     

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