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  1. #1
    Atomic Punk WinterlessIceness's Avatar
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    Default Trademark Question

    I guess you know you're getting into the music business when you have people contacting you about the trademark infringement.

    Basically in May I came up with a name for my band - Seclusion Overnight - and in April we've registered a myspace account which we haven't been promoting until we got songs up 3 weeks ago.

    Just few minutes ago I receive this in my mailbox:

    -----------------------------------------------
    Hey guys we own the trademark for live performance under than name Seclusion I think you guys should consider a change asap!!


    Kind Regards

    Martin Hopwood
    Pr Manager
    www.secludedstudios.com

    ----------------------------------------------

    Personally I think it's a BS. First our name is different, then this organization is from Sydney, AU and I mean there are two bands titled "Embrace", one from the US another from Britain and they go under their names perfectly well without sueing each other. But I really wouldn't know better so I hope somebody would know if I really have to change the band's name, or I can keep it but in that case what I should do to get the ownership for the name so I wouldn't run into such problem in the future?

    Thanks!

  2. #2
    Atomic Punk chefcraig's Avatar
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    Mish, I raised this very same issue here: http://www.vhlinks.com/vbforums/regi...me-t39109.html

    Now, neither Andrew nor myself could figure this out as to who to contact for this sort of thing. I'm uncertain if one needs to contact a music affiliated lawyer or what, yet perhaps a further internet search or someone here at the Links could help you out.

    Sorry this doesn't truly aid you, yet I'm at a loss as well.

    Best of luck, my friend.
    "The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man."
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  3. #3
    Atomic Punk WinterlessIceness's Avatar
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    Actually I read your thread before, Chef, so I had questions about registering the name for some time. It took 17 grand hits on my myspace for me to realise I should have dones something earlier, doh.

    What I recall from learning about other bands, for example "The Used" from Utah were originally named just "Used", but after they found out there was another band from Boston wearing this name they just added "The" to it and it apparently solved all the problems. Here's it's a recording studio, from another side of the globe, upside down. I think they're just being over-protective about their name, but as you said I hope somebody at the Links would know about such situation and what I should do.

  4. #4
    Atomic Punk chefcraig's Avatar
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    Quote Originally Posted by WinterlessIceness View Post
    What I recall from learning about other bands, for example "The Used" from Utah were originally named just "Used", but after they found out there was another band from Boston wearing this name they just added "The" to it and it apparently solved all the problems. Here's it's a recording studio, from another side of the globe, upside down. I think they're just being over-protective about their name, but as you said I hope somebody at the Links would know about such situation and what I should do.
    I hear you, as of now it serves as some form of an "identity" I guess, (particularly if the name is involved with a service) so it becomes a "credibility" issue as well.

    Actually, going back to the punk days in the late seventies, bands from the U.S. and Britain would have identical names, leading (for some reason) for the British bands to ad "UK" to their names. There were "The Charlatans UK" and "The UK Subs" for instance.

    What with internet technology, coming up with something new under the sun would almost require inventing a new language, or creating utter nonsense, ya know?
    "The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man."
    George Bernard Shaw

  5. #5
    Atomic Punk WinterlessIceness's Avatar
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    Lmao, hence the bands like Panic! At The Disco and Bring Me The Horizon.

  6. #6
    Atomic Punk chefcraig's Avatar
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    Quote Originally Posted by WinterlessIceness View Post
    Lmao, hence the bands like Panic! At The Disco and Bring Me The Horizon.
    There you have it!
    "The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man."
    George Bernard Shaw

  7. #7
    Sinner's Swing! Darkstar's Avatar
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    Hey dude, you've got nothing to worry about. Like you pointed out earlier with the "Used" thing, your band is "Seclusion Overnight" where as the other is just "Seclusion". By copyright definition, they're 2 different names so that other band can go piss up a rope. It's no different than the fact that there are 2 bands out there right now, one going by the name "Cold" and the other "Coldplay". I went thru this same thing many years ago with a band I was in called "Freewill". Along came this other band by the name "Freewill Overcome" that started pissing and moaning about us. We consulted with a copyright lawyer who basically told them they'd have to find a way to "overcome" themselves and shut the fuck up!
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  8. #8
    Atomic Punk WinterlessIceness's Avatar
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    Lol! I thought that was the case but I wanted to make sure before I'd piss the PR dude off and make him sue my butt !

    I definately know there's no other band/anything else going under "Seclusion Overnight" title (or at least google shows only our myspace/indiestore/purevolume accounts), but any suggestions if I should do anything, like sending band's name in the envelope to myself, or just myspace profile registration date would be enough?

  9. #9
    Sinner's Swing!
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    Quote Originally Posted by chefcraig View Post
    I hear you, as of now it serves as some form of an "identity" I guess, (particularly if the name is involved with a service) so it becomes a "credibility" issue as well.

    Actually, going back to the punk days in the late seventies, bands from the U.S. and Britain would have identical names, leading (for some reason) for the British bands to ad "UK" to their names. There were "The Charlatans UK" and "The UK Subs" for instance.

    What with internet technology, coming up with something new under the sun would almost require inventing a new language, or creating utter nonsense, ya know?

    From what I remember about those like-named band issues, it was the record companies that forced the bands to change their names because of copyright issues, not trademark issues. The most infamous of these name changes was the two bands called "The Beat." The England-based band had to change its name, when releasing records and performing in the US, to "The English Beat" because there was a California band, called "The Beat" who was also signed to a major label. Adversely, The California band had to tour and release records in the UK under the name "Paul Collins and The Beat."

    The English Beat was the more successful of the two "Beats" and eventually Paul Collins changed the name of his band to "Paul Colliins' Beat" (and faded into obscurity I might add).

    And, by the way, Chef, The UK Subs were not among those bands that had to change their name for geographiic reasons. Charlie Harper originally named the band the United Kingdom Subversives to match the heavy political content in their music. The name was too long to fit on flyers and marquees with the many band per night showcases of 1976. Thus, they shortened the name to UK Subs. There's a bit of trivia you'll never use.

    Hope I didn't derail this thread, Mish.
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  10. #10
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    Quote Originally Posted by WinterlessIceness View Post
    I guess you know you're getting into the music business when you have people contacting you about the trademark infringement.

    Basically in May I came up with a name for my band - Seclusion Overnight - and in April we've registered a myspace account which we haven't been promoting until we got songs up 3 weeks ago.

    Just few minutes ago I receive this in my mailbox:

    -----------------------------------------------
    Hey guys we own the trademark for live performance under than name Seclusion I think you guys should consider a change asap!!


    Kind Regards

    Martin Hopwood
    Pr Manager
    www.secludedstudios.com

    ----------------------------------------------

    Personally I think it's a BS. First our name is different, then this organization is from Sydney, AU and I mean there are two bands titled "Embrace", one from the US another from Britain and they go under their names perfectly well without sueing each other. But I really wouldn't know better so I hope somebody would know if I really have to change the band's name, or I can keep it but in that case what I should do to get the ownership for the name so I wouldn't run into such problem in the future?

    Thanks!

    Tell him to fuck off and see what happens?

  11. #11
    Atomic Punk chefcraig's Avatar
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    Quote Originally Posted by Yesterdays View Post
    ...And, by the way, Chef, The UK Subs were not among those bands that had to change their name for geographiic reasons. Charlie Harper originally named the band the United Kingdom Subversives to match the heavy political content in their music. The name was too long to fit on flyers and marquees with the many band per night showcases of 1976. Thus, they shortened the name to UK Subs. There's a bit of trivia you'll never use...
    Honestly, thank you for that. That means much to me, hard to put into words. Yet you actually knew what/whom I was speakin' of. Too cool.

    Appreciated.
    "The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man."
    George Bernard Shaw

  12. #12
    Sinner's Swing!
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    Wow, Chef, thanks. Glad to be of service. It's amazing the matter one retains...

    You made my day. And I really mean that.
    Mr. Horseradish courtesy of the International Horseradish Council and Brett.

  13. #13
    Eruption wingnut's Avatar
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    You have nothing to worry about. Seclusion Overnight is not the same as Seclusion.

    I work in the business.

  14. #14
    Atomic Punk WinterlessIceness's Avatar
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    Great, thanks - I can tell him to fuck off now


    Seriously thanks for the replies.

  15. #15
    Eruption Lightning Fingers's Avatar
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    Put a disclaimer/notice stating, "Seclusion Overnight is not associated with any other entity with "Seclusion" in it's name nor is Seclusion Overnight a copyright or trademark infringement". Be sure to place (c) on your website.

    As well, if you can afford it, apply for copyright and trademark rights to the name.

    PS - tell Seclusion to F OFF!
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