Legal Question in Intellectual Property in Michigan

regarding use of a band name

Forgive me if I am asking this in the wrong area.

I play in a band named Left of Zero out of Michigan. We have been playing under this name since 2004. We have registered this name with an internationally reckognized band namd registrar.

In 2007 another band with the name Left of Zero showed up in Toronto Ontario.

I was told I could send them a cease and desist letter. I have sent the letter but either the address I was given was wrong or they have chosen to ignore it.

My question now becomes, what can I do ? I believe that since we have been using the name since 2004 a full three years before they started using it, in addition to the fact that the name is registered to me that I am in the right. Can I do anything else ? Or am I wrong all together and is there nothing I can do ? I would greatly appreciate any assistance with this.

Thank you in advance.


Asked on 3/06/09, 12:51 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: regarding use of a band name

You need to file a trademark registration for your band name. I would file it under the Madrid Protocol to obtain protection worldwide. If you wish you could sue the band under common law trademark theory, but these are in many cases very hard to prove.

See an attorney in Michigan to assist you with these issues.

Good luck!

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Answered on 3/06/09, 6:13 am


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