Legal Question in Entertainment Law in New York

Re: Band Name

Generally, I would agree with Mr. Feldman, but there are additional considerations. In trandemarks first use is important, but so is continued use. Further, if they've really only used it in one instance on MP3, and not filed a trademark registration, then I believe you're not totally in bad shape. But, you need to consult an attorney, so you should not base your final decision on what any of us say on the internet. If you are in need of counsel I can be contacted at 212-779-8600.

Re: Band Name

By all means give me a call and I'll tell you about this kind of stuff. Your possible label would take care of trademark issues like this. 718-448-8372 after 3 PM.

Re: Band Name

Strictly speaking, the use on MP3 is trademark use, and if that artist continues, you could have a losing conflict up the road. Now you have some possible arguments (that it wasn't used for performing, it was in another area, etc. ) but I think they are losing arguments against the first user in essentially the same field.

Of course, this artist may not continue to use the name, or may lose interest, etc. But if this artist continues and you work using the same name and a conflict arises, they will most likely be able to stop your use of the name up the road. So I would try to chose another one rather than chance it. Feel free to contct me for more info.