Legal Question in Intellectual Property in Michigan

Protecting our band name

Several years ago some friends and I started a band. We play occasional gigs and have cut one album with a very small independent label. We recently discovered that another band has a name that is very similar to ours. It sounds the same, but is spelled differently. That band started up after ours. Do we have a copyright to our band's name? How do we get one? We don't want to stop the other band, we just want to protect our own name - and keep them from hassling us about it. Does it make any difference if the other band is from outside the U.S.?


Asked on 2/07/03, 9:21 am

2 Answers from Attorneys
Marshall Snyder Law Office Of Marshall Snyder

Re: Protecting our band name

Protecting the name of your band is very important. This can be done by filing for trademark protection with the U.S. Trademark Office. If the name of the other band is that similar to your band, you may want to choose another name in order to avoid any litigation so early in your career.

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Answered on 6/24/03, 12:37 am
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Protecting our band name

You need to file a trademark, not a copyright to protect the name of your band. An ip attorney in your area could file this for you. The cost can vary, but it's between 1500-2000 for search filing and response, if necessary.

Good luck!!!

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Answered on 2/07/03, 10:31 am


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