Is this band name taken?

IronMaiden

Joined: Nov 02, 2006
Posts: 564
Virginia Beach

Posted on Aug 22 2007 07:47 PM

WR
call your selves "The Is this band name taken?s" and you can be absolutly sure the answer is no.

not much surfvibe though I admit

Dude, everytime I see your name I think 'Wide Receiver'...apropos of nothing I know...

Ooo 'The Surfvibe' sounds cool no?

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Spud

Joined: Jul 23, 2007
Posts: 666
Oz
3 News Pins

Posted on Aug 23 2007 02:01 AM

SharkBait

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djangodeadman

Joined: Jan 25, 2007
Posts: 1568
Brighton UK
3 News Pins

Posted on Aug 27 2007 10:14 AM

Gravs
I was thinking of naming my band 'SurfQuake!' but Im not sure if its taken. Ive googled it and all that comes up is The Tornados album or song called surfquake and I think DeadMansCurve does a song called surfquake.

It is true that we did.

—

Los Fantasticos

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xxreverbxx

Joined: Jun 08, 2007
Posts: 75

Posted on Aug 27 2007 12:22 PM

You do need to do a little research first. We just got an email letter from an East coast attorney stating that we were infringeing on his cliants trademark. Our band "The Relix" his cliant "Relix Magazine".
Although he was pretty cool about it he said we must change it.
We have websites therelix.net & .com and couldn't find any other band with that name so we thought we were cool. I think the misspelling is the trademark.
Anyway we need to change our name by the end of the year.
I just want a surf rock name but the other guys have ideas to, darn it!

www.therelix.com

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MelWaldorf

Joined: Mar 03, 2006
Posts: 648
1 POTD Pin

Posted on Aug 27 2007 12:56 PM

how about the derelix?

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Stormtiger

Joined: Dec 12, 2006
Posts: 2686
Ventura, CA
United States

Posted on Aug 27 2007 01:58 PM

You do need to do a little research first. We just got an email letter from an East coast attorney stating that we were infringeing on his cliants trademark. Our band "The Relix" his cliant "Relix Magazine".
Although he was pretty cool about it he said we must change it.

This has come up before. If you are not using the Relix trademark, but only the word, it is not an infringement. They can only register the mark, not the words, unless they made up the words (like Coca Cola). Since you are in a different field you can use the name. It would be problem if you were to start a magazine called Relix. Also, you would have to be making some money from the enterprise before they could sue. Apple is the classic example. There was no conflict between Apple Records and Apple Computers until Apple Computers started iTunes and selling music, then they had to come to an agreement. Donald Trump recently tried to copyright the phrase "you're fired"....not even a trademark, just the words. He failed.

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xxreverbxx

Joined: Jun 08, 2007
Posts: 75

Posted on Aug 27 2007 02:47 PM

Thanks Stormtiger
I was just going to give up, I know nothing of the laws regarding these things and we don't have the money to fight. Additionally, just changing our name won't kill us, we just play around Orange County.
Their magazine is about music, jam bands and hippies. They also have a record company called Relix Records. Do you think that might make their case stronger?
I will look into this deeper now, Thanks

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IronMaiden

Joined: Nov 02, 2006
Posts: 564
Virginia Beach

Posted on Aug 27 2007 02:56 PM

How about The Relic'ds

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Stormtiger

Joined: Dec 12, 2006
Posts: 2686
Ventura, CA
United States

Posted on Aug 27 2007 04:09 PM

Their magazine is about music, jam bands and hippies. They also have a record company called Relix Records. Do you think that might make their case stronger?

That could complicate things. The question is, would people confuse your band with the record label? Probably not, one is a band the other a label. They started as Dead Relix I wonder if the Dead sued them? They may try to sue, but for what, have you deprived them of income? I doubt it and they would have to prove that in court. Most people will back off rather than go to court and the lawyers are probably counting on that. In my experience lawyers know very little about these laws unless they are specifically trademark attorneys. I would let them know that you are not in the publishing business and there is no conflict, a trademark does not entitle them to ownership of the words. You can always use The Original Relix.

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Spud

Joined: Jul 23, 2007
Posts: 666
Oz
3 News Pins

Posted on Aug 27 2007 04:46 PM

Hey, our Band is/was called Relic up until a couple of weeks ago and we had changed it from Relik awhile ago due to conflicts with a death metal band and another.

So we're now in the hunt for a new tag as well.

Old Dog is one that keeps coming up.

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xxreverbxx

Joined: Jun 08, 2007
Posts: 75

Posted on Aug 27 2007 05:30 PM

Thanks for the help, maybe I shouldn't have been scared off so easily.
I do like the "Derelix", we thought about "X-RELIX", but "Old Dogs" hits a little close to home.
Maybe we will just wait for their next letter.

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mournblade

Joined: Sep 27, 2006
Posts: 328
central Pennsylvania

Posted on Aug 27 2007 05:33 PM

Surfabilly
Don't know if I'm too late to weigh in here, or not, but I'd think the bands that have a song/album called SurfQuake would appreciate the homage in it becoming a band name.

===>And don't forget The Bomboras are named after a great surf tune
(I'm assuming the one by The Original Surfaris, NOT The Atlantics, just
because the Original Surfaris' song is faaaarrrr cooler!).

Also sprach Vincent

—

Is this something you can share with the rest of us, Amazing Larry?!?

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Tuck

Joined: Sep 02, 2006
Posts: 3166
Denver, CO
12 Calendar Pins

Posted on Aug 27 2007 06:50 PM

xxreverbxx
... but "Old Dogs" hits a little close to home.
Maybe we will just wait for their next letter.

Old Dog and the/His New Tricks? Or the Same Old Tricks? Tricks?

I suppose (Dog) Soldiers is taken, and it's not at all surf. A bit of a rep to uphold, too.

It's real obscure but High Plains people with age grading/warrior societies like the Dogs often have a youth (teenage) society called the Little Dogs. It's an allusion to the dog society myth, in which in a litter of puppies the first two are mentioned with names and the rest - the little brothers - are called "the little dogs" or "the little dogs without names." It's a common pattern. In the Twin Myth often one twin has a name or description and the other is "his brother" or "the one with no name." Anyway ... Old Dog and the Little Dogs.

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Spud

Joined: Jul 23, 2007
Posts: 666
Oz
3 News Pins

Posted on Aug 30 2007 04:21 AM

How about - 'The Tailfins'

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Richard

Joined: Mar 02, 2006
Posts: 1683
Georgia
United States

Posted on Aug 30 2007 06:54 AM

There's actually another band in the world called "The Surge." They're some kind of pop rock band from Great Britain. I've never listened to them. I was told that it didn't matter if you were even in different states, let alone different countries.

I always liked "The Interceptors" after The Penetrators' song, "Last of The V-8 Interceptors" (named for the cars in Mad Max, if I remember what Sticks told me) but it turns out there have been at least two bands by that name, though neither of them went very far.

Also, according to Sticks, they were at one time contacted by a guy that claimed to have been in another band back in the '60's called The Penetrators. He gave them his blessing and thought it was cool.

—

The Mystery Men?
El Capitan and The Reluctant Sadists
SSS Agent #31

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IronMaiden Joined: Nov 02, 2006 Posts: 564 Virginia Beach	Posted on Aug 22 2007 07:47 PM WR call your selves "The Is this band name taken?s" and you can be absolutly sure the answer is no. not much surfvibe though I admit Dude, everytime I see your name I think 'Wide Receiver'...apropos of nothing I know... Ooo 'The Surfvibe' sounds cool no? Top
Spud Joined: Jul 23, 2007 Posts: 666 Oz	Posted on Aug 23 2007 02:01 AM SharkBait Top
djangodeadman Joined: Jan 25, 2007 Posts: 1568 Brighton UK	Posted on Aug 27 2007 10:14 AM Gravs I was thinking of naming my band 'SurfQuake!' but Im not sure if its taken. Ive googled it and all that comes up is The Tornados album or song called surfquake and I think DeadMansCurve does a song called surfquake. It is true that we did. — Los Fantasticos Top
xxreverbxx Joined: Jun 08, 2007 Posts: 75	Posted on Aug 27 2007 12:22 PM You do need to do a little research first. We just got an email letter from an East coast attorney stating that we were infringeing on his cliants trademark. Our band "The Relix" his cliant "Relix Magazine". Although he was pretty cool about it he said we must change it. We have websites therelix.net & .com and couldn't find any other band with that name so we thought we were cool. I think the misspelling is the trademark. Anyway we need to change our name by the end of the year. I just want a surf rock name but the other guys have ideas to, darn it! www.therelix.com — Is that too much reverb? Top
MelWaldorf Joined: Mar 03, 2006 Posts: 648	Posted on Aug 27 2007 12:56 PM how about the derelix? Top
Stormtiger Joined: Dec 12, 2006 Posts: 2686 Ventura, CA	Posted on Aug 27 2007 01:58 PM You do need to do a little research first. We just got an email letter from an East coast attorney stating that we were infringeing on his cliants trademark. Our band "The Relix" his cliant "Relix Magazine". Although he was pretty cool about it he said we must change it. This has come up before. If you are not using the Relix trademark, but only the word, it is not an infringement. They can only register the mark, not the words, unless they made up the words (like Coca Cola). Since you are in a different field you can use the name. It would be problem if you were to start a magazine called Relix. Also, you would have to be making some money from the enterprise before they could sue. Apple is the classic example. There was no conflict between Apple Records and Apple Computers until Apple Computers started iTunes and selling music, then they had to come to an agreement. Donald Trump recently tried to copyright the phrase "you're fired"....not even a trademark, just the words. He failed. Top
xxreverbxx Joined: Jun 08, 2007 Posts: 75	Posted on Aug 27 2007 02:47 PM Thanks Stormtiger I was just going to give up, I know nothing of the laws regarding these things and we don't have the money to fight. Additionally, just changing our name won't kill us, we just play around Orange County. Their magazine is about music, jam bands and hippies. They also have a record company called Relix Records. Do you think that might make their case stronger? I will look into this deeper now, Thanks — Is that too much reverb? Top
IronMaiden Joined: Nov 02, 2006 Posts: 564 Virginia Beach	Posted on Aug 27 2007 02:56 PM How about The Relic'ds Top
Stormtiger Joined: Dec 12, 2006 Posts: 2686 Ventura, CA	Posted on Aug 27 2007 04:09 PM Their magazine is about music, jam bands and hippies. They also have a record company called Relix Records. Do you think that might make their case stronger? That could complicate things. The question is, would people confuse your band with the record label? Probably not, one is a band the other a label. They started as Dead Relix I wonder if the Dead sued them? They may try to sue, but for what, have you deprived them of income? I doubt it and they would have to prove that in court. Most people will back off rather than go to court and the lawyers are probably counting on that. In my experience lawyers know very little about these laws unless they are specifically trademark attorneys. I would let them know that you are not in the publishing business and there is no conflict, a trademark does not entitle them to ownership of the words. You can always use The Original Relix. Top
Spud Joined: Jul 23, 2007 Posts: 666 Oz	Posted on Aug 27 2007 04:46 PM Hey, our Band is/was called Relic up until a couple of weeks ago and we had changed it from Relik awhile ago due to conflicts with a death metal band and another. So we're now in the hunt for a new tag as well. Old Dog is one that keeps coming up. Top
xxreverbxx Joined: Jun 08, 2007 Posts: 75	Posted on Aug 27 2007 05:30 PM Thanks for the help, maybe I shouldn't have been scared off so easily. I do like the "Derelix", we thought about "X-RELIX", but "Old Dogs" hits a little close to home. Maybe we will just wait for their next letter. — Is that too much reverb? Top
mournblade Joined: Sep 27, 2006 Posts: 328 central Pennsylvania	Posted on Aug 27 2007 05:33 PM Surfabilly Don't know if I'm too late to weigh in here, or not, but I'd think the bands that have a song/album called SurfQuake would appreciate the homage in it becoming a band name. ===>And don't forget The Bomboras are named after a great surf tune (I'm assuming the one by The Original Surfaris, NOT The Atlantics, just because the Original Surfaris' song is faaaarrrr cooler!). Also sprach Vincent — Is this something you can share with the rest of us, Amazing Larry?!? Top
Tuck Joined: Sep 02, 2006 Posts: 3166 Denver, CO	Posted on Aug 27 2007 06:50 PM xxreverbxx ... but "Old Dogs" hits a little close to home. Maybe we will just wait for their next letter. Old Dog and the/His New Tricks? Or the Same Old Tricks? Tricks? I suppose (Dog) Soldiers is taken, and it's not at all surf. A bit of a rep to uphold, too. It's real obscure but High Plains people with age grading/warrior societies like the Dogs often have a youth (teenage) society called the Little Dogs. It's an allusion to the dog society myth, in which in a litter of puppies the first two are mentioned with names and the rest - the little brothers - are called "the little dogs" or "the little dogs without names." It's a common pattern. In the Twin Myth often one twin has a name or description and the other is "his brother" or "the one with no name." Anyway ... Old Dog and the Little Dogs. Top
Spud Joined: Jul 23, 2007 Posts: 666 Oz	Posted on Aug 30 2007 04:21 AM How about - 'The Tailfins' Top
Richard Joined: Mar 02, 2006 Posts: 1683 Georgia	Posted on Aug 30 2007 06:54 AM There's actually another band in the world called "The Surge." They're some kind of pop rock band from Great Britain. I've never listened to them. I was told that it didn't matter if you were even in different states, let alone different countries. I always liked "The Interceptors" after The Penetrators' song, "Last of The V-8 Interceptors" (named for the cars in Mad Max, if I remember what Sticks told me) but it turns out there have been at least two bands by that name, though neither of them went very far. Also, according to Sticks, they were at one time contacted by a guy that claimed to have been in another band back in the '60's called The Penetrators. He gave them his blessing and thought it was cool. — The Mystery Men? El Capitan and The Reluctant Sadists SSS Agent #31 Top

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Is this band name taken?