So, let's just say hypothetically that I wanted to go by the name 'D-Rev' in the music industry... would I have any problems? I googled "D-rev" and I see there is a website for a charity organization or something. I'd really appreciate it if someone could check it out for themselves and let me know. Thanks in advance.
Legal issue with producer name?
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bandcoach
Zukatoku - Mod Scientist
trademark conflict would be very real here, as the charity may have a significantly established profile that could be damaged by anything that you did using the same name
choose something else and avoid the hassle that will come eventually if you decide to go with D-Rev
choose something else and avoid the hassle that will come eventually if you decide to go with D-Rev
tomkillsjerry
Active member
yea its like the World Wildlife Fund and the World Wrestling Federation the acronyms meant two completely different things but it didn't matter.
This is a difficult question with no correct answer.
Legally, if there is no overlap with service and and territory there should be no issue.
For example, there could be 2 bands named "Dumpster" if one is in DE and one is in OR and neither of them has a national following.
There could also be a trash company named "Dumpster" that would have a difficult time winning damages against the band.
The key here is damages; how are you damaging the other groups name? Could people get them confused?
With that being said, it's best to play it safe and avoid legal entanglements if at all possible. A name is not that important unless you've already invested heavily and reaped some revenue.
Legally, if there is no overlap with service and and territory there should be no issue.
For example, there could be 2 bands named "Dumpster" if one is in DE and one is in OR and neither of them has a national following.
There could also be a trash company named "Dumpster" that would have a difficult time winning damages against the band.
The key here is damages; how are you damaging the other groups name? Could people get them confused?
With that being said, it's best to play it safe and avoid legal entanglements if at all possible. A name is not that important unless you've already invested heavily and reaped some revenue.
tomkillsjerry
Active member
names aren't important it's the music people remember. I had to change mine 4 times back when I was running the streets painting up all the walls I could find. And finally found one nobody had but in the graffiti game your name is everything.
A lot of artists run with duplicate names. You could just add a location/descriptive to your name i.e. D-Rev USA, D-Rev NYC... Many people do it and I've heard that's acceptable under US law.
However, if it's a company who has trademarked the name, you may have difficulty... Especially if they operate in the music industry. I'm sure there's a trademark check in the USA, you can see what categories the trademark is registered under (i.e. the industry)...
Bare in mind, I'm not a lawyer. There is a possibility I'm wrong. Read through your governments support documents, there should be an official website on the topic of copyrights, trademarks, patents, etc.
Hope I've helped.
Jordan
However, if it's a company who has trademarked the name, you may have difficulty... Especially if they operate in the music industry. I'm sure there's a trademark check in the USA, you can see what categories the trademark is registered under (i.e. the industry)...
Bare in mind, I'm not a lawyer. There is a possibility I'm wrong. Read through your governments support documents, there should be an official website on the topic of copyrights, trademarks, patents, etc.
Hope I've helped.
Jordan