When a band breaks up who keeps the name?

In some cases, the member who originally came up with the band name will be the sole owner; and, in other instances, each band member could equally own the band name or one member could own the name with the other band members still entitled to receive income based on the licensing of the band name for merchandise and …

How do you protect the name of a band?

Registering a Trademark for Your Band Name Trademarks are registered through the United States Patent and Trademark Office (USPTO). The two primary types of marks that can be registered are trademarks, which identify goods or services, and service marks, which are used exclusively to identify services.

What happened to Lady Antebellum lawsuit?

Country band Lady A – who changed their name from Lady Antebellum over links to slavery – have settled a legal case with a blues singer with the same name. In a motion filed in Nashville on Monday, both sides asked a judge to dismiss their competing lawsuits.

Did Lady Antebellum pay Lady A?

But Anita White had also been performing under the name Lady A for nearly 30 years. Settlement discussions on sharing the name fell apart when the band refused to pay White, instead saying that it’ll help with her career and reimburse her up to $10,000 for legal fees.

Who owns the rights to a band name?

Typically, the issue of who owns the band name is dealt with in the Band Agreement. Often a leaving member will forfeit their rights in the name when they leave the band. In such a situation, the remaining members can continue using the name.

Do you have to copyright a band name?

While it is possible to copyright the design of a band logo, the band name itself is not copyrightable. Band names are protectable under trademark law, because like brand names they allow us to distinguish one band’s music and identity from another.

Did Lady A steal their name?

White said she’s been using the name for more than 20 years. Lady Antebellum announced Thursday that they’ll be changing their name to “Lady A” due to the word antebellum’s long history of ties to the pre-Civil War South and slavery. But in a cruel twist of irony, it appears they’ve stolen the name from a black woman.

What is meant by antebellum?

“Antebellum” means “before the war,” but it wasn’t widely associated with the U.S. Civil War (1861-1865) until after that conflict was over. The word comes from the Latin phrase “ante bellum” (literally, “before the war”), and its earliest known print appearance in English dates back to the 1840s.

Is a band name intellectual property?

Nope! A name (brand name, band name) cannot be protected by copyright. Copyright is only one form of intellectual property (IP). There are other forms, like trademarks, patents and trade secrets.

How do I know if a band name is trademarked?

Call the main public library in your region and ask if it has a Federal Trademark Register CD-ROM. Search for your full band name, then each word individually. Hire a search firm (relatively costly, but reliable). A well-known sources for trademark searches is Thomson Compumark.