Legal Question in Entertainment Law in Alaska
use of a person's name/parodies thereof
I am in a band. Things started out very small, but we're actually beginning to get some publicity. Our name is concerning me though, and im curious as to whether we are infringing on any kind of publicity rights or intellectual property issues. We're called Ben and the Full Affleck.
note-
It's sortof an amalgamation of another band's name, and a famous actor. The band: Reggie and the Full Effect. The actor: Ben Affleck.
We're planning to make t-shirts/stickers and secure a domain name eventually. We will be releasing an EP soon, and any assistance would be greatly appreciated.
2 Answers from Attorneys
Re: use of a person's name/parodies thereof
Your instincts are good. You could easily find yourself in difficulty for the use of both the band's name and the name of the actor. There are defenses, however, such as parody, fair use, etc. Your best course, however, is to contact the band's management, who may or may not be receptive, and the actors management, who may simply be flattered, or not. You do realize that actors do make money from the use of their name and in a commercial setting they are given protection from such use. You have considerable leg work ahead of you, but it may turn out to be productive. On the other hand, its probably the music, not the name, that is getting the band noticed. Good luck!
Re: use of a person's name/parodies thereof
You need advice from a trademark attorney. The name is close enough that there is a risk of being liable for unfair competition and service mark infringement. I suggest you have an attorney obtain permission for your name from both the band and the actor from whom your name was derived. You might do that yourself, but your probability of success is higher if done by an experienced lawyer who would know how to phrase the request and how to phrase the permission.
You need to ask in order to prove the band and actor are aware of your use of your name. In that way, if they do not take quick action you may gain permission by default.