I don't know if anyone out there can help me, but I love this site and I know that there are so many different types of people that follow this site. I have a problem that may be very simple to solve by someone who is familiar with trademark law and infringement cases. I am in a band named the Fire Ants from Brenham. We have been together since 1994. There is another band in Wimberly named the Volunteer Fire Ants. They claim to have been together since 1992. They sent us a letter saying that we have taken their name and they have threatened to sue for monetary damages. The letter that they gave us at first says that they call themselves the Fire Ants, but they've shown me their tax records that clearly state Volunteer Fire Ants. They have not filed for a trademark and neither have we. I told them that I think that Fire Ants and Volunteer Fire Ants are two separate names, like the Tornadoes and Texas Tornadoes. If they do file a suit against us, how likely could they get monetary compensation when we are a small time band? I think that what my problem basically comes down to is: Is the Fire Ants name close enough to the Volunteer Fire Ants to be trademark infringement, and do they have the right to sue us for damages? If anybody can help me or give some kind of opinion, I would greatly appreciate that. ------------------
According to the law of the gangs you have to eat everything with your bands logo and name on it. After that you'll be cool though. ------------------ Ceo of the Walt Williams and Lisa Malosky fan club. atheistalliance.org
I am not a lawyer, so don't trust anything I say, but here's my understanding. First off, getting an actual copyright/trademark makes it easier to deal with in a court of law, but the US is a "first-to-create" country, meaning that whoever created an idea first owns it, regardless of who files first. Second, did both of your bands start off regionally? Are you all in different areas? If so, you'd probably both still have rights to those names. Sort of the same concept if two convenience stores in separate parts of the country have the same name, neither can sue the other for rights. However, if they were a national band before you started your band, there might be some issues. I'd highly advise you find a local intellectual property lawyer and do a quick consultation just to go over your options. Personally, I think you're fine as long as you both had your names well before they become famous (if indeed they have). ------------------ http://www.swirve.com ... more fun than a barrel full of monkeys and midgets.
Funny because I've been through this before. You are correct in that you have two different names and, if neither is trademarked, they would have a tough time in court. If you really love the name and feel like it is key to what you are doing, start the trademark process now. It is expensive and takes a few months, but once it is started, the name is protected until a conclusion is reached by the trademark policy people. I don't know why they are making a big deal out of it anyway. Unless they are signed or have some legitimate reason to sue you, I doubt you will have a significant issue. Finally, different names make a HUGE difference. I knew a couple of guys in a band who were sued over the name they used. It was a one-word band name and another band used an adjective before the name. The Texas Tornadoes example is a good one. The latter band threatened to sue but found out quickly that a different word makes a different name and they had no right to it. Hook up with a decent attorney, pay them a retainer and have them look into it. At the same time, either consider a name change to avoid the hassle altogether or get the trademark process underway. Best of luck. ------------------ How the hell should I know why God would allow the Holocaust. I don't even know how the electric can opener works. - from Hannah and Her Sisters
Thank you Jeff. You pretty much told me what many other people have said. We're not really trying to make it big or anything. We can't trademark our name nationally because it is already taken in Los Angeles. From what I've found, the only time that could become a major problem is if we try to play in their area of the country which we will not. We are just trying to have some fun out here in the country and this other band seems to have a problem with it. I guess I'll just have to talk to a lawyer and see what we should do. I definitely don't want to change the name because we do have a lot of money invested in the name as well as a pretty decent following. Thank you. ------------------
