Chicago Artists Association
Brand your band name
www.music-law.com takes the guesswork out of trade mark your name bands. If you have a unique name to associate with his music, then you should take steps to protect that name, because as you grow and have success, that name will be the example you.
They go on to say:
The two key concepts involved in "protecting" the name of a band are "territory" and "priority". Territory, the area where you use the name, for example, Chicago, Illinois, Mid-West States U.S., worldwide, priority etc., as the word implies, is to use the name. These two concepts work together to limit the scope of protection of a name.
If you started using your name, you can prevent others from using it. However, the law allows for the exclusive use of the name only in the area where have been used. For example, if you started playing the Chicago area in 1989 and never played music or distributed outside the Chicago area, he could not prevent a band using the name in Florida. However, they could not use the name of the band in Chicago and who were the first to use the band name there. You also may acquire the rights to his name to Chicago in 1989, and throughout the country in 1992, when you release the first record of a major. If someone started using his name in elsewhere in the country in 1990, could not prevent their use in its territory and to have priority in this area.
A famous case involved two bands, both operate under the name "Flash". The first was a small group in San Francisco that had never reached a record, and the second was a band of English who had a record deal. From San Francisco "Flash" is a previous user in the area, the English "Flash" was not allowed to sell disks in the Bay Area.
Before investing money in the name of your band, you should investigate if someone else is already using the name. If someone already using his name, as explained above, take precedence in their territory.
This information is brought to you by "EZ Record Deal", the guide final to get a record deal. Visit EZ Register now by going to agree www.EZRecordDeal.com
About the Author
Linda Lane is a 5 star writer for The Music Business Center, read more of her music business success articles and subscribe to the Music Biz Center blog free of charge at http://www.MusicBizCenter.com/blog
Faculty Lecture Series: Lori Andrews, "How the Arts Can Influence Science and Law"
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