When you start a rock band, you select a name for this. You should do this strategically so it enhances the continuing future of the band, than causing problems rather. In this specific article, I give some general rules, and several rules also connect with choosing a stage name for a singer, or even to picking a name for a movie, company, or website. The information should be helpful here, but it is not legal services for anyone’s particular situation. To get that, you would need to speak with a lawyer directly.
If you select a name and it must be changed later, afterward you lose the goodwill, name recognition, reserving power, pursuing, and sales power you had built up from the band name. This can be a large deterrent for an archive label, agent, manager, or touring company that is considering signing your music group.
Their lawyers know you have to change your name and the question arises whether you are going to be able to build-up your same “fame” later on, and exactly how long it is going to take. There is the excess problem that legal work, such as contracts, have used the music group name, and everything that will need to be adjusted.
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A band that requires a name change is not likely to be signed, period. RULE 1: Select a name that is not used or is not used by another musical music group. HOW EXACTLY TO: You should select a name that is not the same or comparable to any other music group in rock and roll or any other genre, in use anywhere that you can find it in the English-speaking parts of the world. Google on the internet extensively, on all possible spellings of the main words. WHY: You need to choose a name that can’t be confused with every other group, for purposes of booking and advertising.
You need a name that you can brand if you decide to do so. If an archive label or promotion or touring company wants to signal your music group, they will make you change your name if it can be confused with another combined group. Also, if the other group notices you are using their name, you will be forced by them to avoid using it. RULE 2: Select a name that has not been used by every other rock band in the past, if that music group is no longer operational even.
HOW TO: Even more very in-depth Googling, looking on youtube, asking music geeks. I’ve seen situations where a huge music group in the golf swing music genre or a jazz band uses the name of its famous leader. When the first choice dies, sometimes the band continues on using the name. For example, I think this is actually the case using the Artie Shaw Orchestra.
This will be a situation where in fact the right of promotion and trademark/ service mark to use the name must are living with either the group or with an ownership entity of the group, such as a ongoing company. If you are looking ahead, it makes sense to plan for the death of the namesake leader, so that his or her music can go on in the ultimate way to continue steadily to please audiences. That is best finished with legal paperwork done in advance, rather than with lawsuits after the truth. RULE 3: Pick a name that is not the same or similar compared to that of any band you were ever in before, whether that band is still operational or not.
HOW TO: Be honest. WHY: Every rock-band is a business entity and generally, the real name is one of the entity rather than to any given music group member. There are some exceptions to this, such as when a “band leader” (or core unit) starts and organizes a band and maintains a sort of ownership control over the band. Then, as the peripheral music group users come and go, that music group head shall keep carefully the same music group name.
An example of this is actually the Rolling Stones. However, one music group member, or one of the core group members, cannot form a new music group and take the real name. However, still, ownership of the name may reside in the group all together. This is where a lawyer should be consulted definitely. Example on this rule: The name “Pink Floyd” has been trademarked and it is owned by a business entity rather than by any given person. This example can become very sticky when a number of members of a defunct band want to reunite and/or add other music artists, and perform for a “comeback” tour.