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Trademarks and service marks can be the best way to protect a band name. A trademark helps protect a band’s name and merchandising. A trademark is any word, phrase, design, symbol, or other similar marketing devices used by manufactures and merchants to identity and distinguish them from products and services sold by others.
→ Read MoreA band name may be owned by the members or by whoever has taken the band under contract. Ownership of a band’s name depends largely on whether there is an informal or formal arrangement in place, and what those agreements consist of. If the name is owned by contracting parties, then the producer, the manager, or sometimes the record company itself will own the name. Of course, if the band members themselves want to retain ownership, it is always preferable to get this and other band issues agreed upon in writing. A formal band agreement that defines ownership for all band members, past, present, and future, will minimize confusion.
→ Read MoreWhen a band is signed to a major record deal, the record company will usually want to control the name, own the name, or ask for the right to decide who are the band’s ‘key members.” In the event of a break-up, those key members would retain common ownership of band’s name.
→ Read MoreRarely, a band may use a trademarked name. For example, a mark that is primarily a surname does not usually qualify for protection under federal trademark provisions, unless the surname becomes well-known or acquires a ‘secondary’ meaning. Sometimes, a trademarked name can also be challenged and defeated if it is too broad. However, if a last name acquires a secondary meaning in the marketplace (e.g., Sears, McDonald’s), it cannot be used by others, regardless of its trademarked status. In order for a band to register a mark that has already gained secondary meaning, permission from the namesake must be obtained.
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