Band Member/Band Name Registered Trademark ?

Nothingman1

Hello everyone,

I'm sorry to drop a bomb on everyone with my first post but, I can't seem to get a straight/real answer about the questions I'm asking. Sorry in advance if a similar thread has been posted before.

I've tried lawguru.com but, they threw out my question after 14 days because, well, I'm pretty broke and couldn't afford to pay for there advice. I tried the free question option and it was a waste.

Here are a series of questions I'm gonna ask and all serious answers will be much appreciated. I'll get the situation out the way first so you can fully understand the questions I'm asking. This may get a little long but, I'm in desperate need of answers.

My band formed in early 2006 in the upstate NY area. We started gigging in January of 2008 and released a few independent EP's and a DVD throughout the year.

We officially released our first full length album in February of 2009. Here is where things get a little tricky . . .

All of the other releases were given out without the material being published, etc. but thats not the issue. The full length album did have publishing concerns. The lyrics were published (BMI) in the singers name and the music was published (BMI) in the bands name. At the time we were told the band name was registered under the bands name and not a single members name.

In March of 2009 the singer quit the band and the bassist followed shortly afterwards. The drummer and I (Guitarist) were asked by the singer to keep going. We had also decided to keep going as well despite what anyone had to say. We worked far too long on the band to let it all go in the blink of an eye.

During the month of March we found our current singer and bassist. We decided to continue with the band name and the material recorded on the full length album.

Since this time we have written enough material for our next full length album and wanted to re-record one of the older songs with the new singer from the first album.

In a recent message from the old singer he mentioned that the band name was registered under his name. He also stated that he has papers proving it although I suspect it's a bluff but, have not ruled it out just yet.

Onto the questions . . .

Can a single band member own a band name through a registered trademark ?

Can a band re-record a song that has already been published without the permission of the old singer in consent to lyrics ? The music was published in the bands name . . .

We plan to continue on with the band name and want to know that the old singer has no ties or rights over the newer songs. By some chance he does have the name registered in his name does he have the rights to the new material he wasn't a part of ? Can he collect future royalties for music and lyrics that are not his ?

Is there some kind of cancellation in terms of rights since he left the band on his own terms ? Also, since the old singer neglected to tell us that he supposedly registered the band name in his name and not the bands name is there some type of breach or loophole concerning the rights ?

The thing is that we are set to release our second full length album next year and we have concerns. We want to make sure the old singer has no rights or ties to the new material. We also want to know that we could continue on with the band name without getting sporatic messages from the old singer involving rights issues and sugarcoated round about threats.

We have asked to see everything in regards to the BMI publishing to these supposed registered trademark papers. He hasn't given us anything and mysteriously stopped messaging us weeks ago. We strongly suspect the papers are a cover up and something to hold over us because he has nothing else to hold over us. However, I still have doubts about these papers where the other band members want to just let it go and continue on with what we're doing. I feel that the papers are non-existant and I've found no registered trademark claim on the band name anywhere.

Is it safe to continue on with the band name and to re-record one of the older songs ?

Again, I'm sorry for the long post and that my first post was such as depressive one. If you need further info just let me know and I'll see what I can do.

Colzed

Hi,

Who ever's name is on the register owns the band name. Full stop.
If 3 people bought a car and it's only registered in one name that the person who gets the fines, Same as any company or business.

My advice, for what's it's worth, is as follows:

Write new lyrics for the "old song" and change the band name.
This way you give away none of your power and it's a fresh start with a new name and a new energy.

Colzed.

Nothingman1

We have contemplated the thought of changing our band name but, in doing so wouldn't the music stay with the previous band name as it is published under the band name ?

We have thought about re-writing the lyrics to that particular old song but, the issue that arises is that if we change the band name then re-writing the lyrics won't make a difference if the music is published under the band name.

For example . . .

Say we had a band name called Motorhead persay could we change the name to Motor-Head with a hyphen in it and get around the whole mess with the old singer ?

If it meant ditching the one song and hyphening our band name to break all ties with the old singer than it might be an option.

The problem is convincing the other band members because they seem dead set on keeping the band name and re-recording the older song with the new singer and bassist without changing the lyrics. I just don't want to end up in a grueling legal battle over a band name and a song.

Thanks for the advice you have given so far as it is appreciated. This is going to be a tough call to make.

Colzed

I think I have the soloution to your problem.

MONEY!!

Buy the band name and all the publishing rights to all the material.

Colzed.

Malice

I have moved this thread to the Legal Discussion forum. You might get more answers there.

Tom Young

See a Solicitor or Intellectual Property Lawyer.

Your recording contract and fund which come from same will provide for this, in the meantime, be aware that you are liable for the use of someone else's name and may need to change it if already in use. The protections of recording artists are taken seriously by record companies and online music sites e.g., itunes.

Forum charter does not allow for the advice you seek.

By the way the original post is rambling and hard to read.

Thanks,

Tom