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When is it acceptable to use a band name that's already been used?


EssentialTension
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[quote name='Protium' post='316222' date='Oct 27 2008, 10:06 PM']Go for it, but if you use "MouthBreather" I will break you in half :)[/quote]

Well, MouthBreather wasn't in our plans - but I see you are from the north west whereas we are from the south east. So could we get away with it in that case? And if we ever played north of Watford we could be The Brighton MouthBreathers.

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[quote name='EssentialTension' post='316228' date='Oct 27 2008, 10:10 PM']Well, MouthBreather wasn't in our plans - but I see you are from the north west whereas we are from the south east. So could we get away with it in that case? And if we ever played north of Watford we could be The Brighton MouthBreathers.[/quote]

I'm not fussed mate haha, we only have 2 fans anyway :)

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It's not a good idea from a marketing perspective.

If you start out with a name that is already in use you only win if you can get the myspace and website URL - all the URL's and all the variants.
If they already have either, forget it and use an original name. It's easy to check if someone else is active on the web - search on google, yahoo, ask.com and myspace.

If you find a band with that name already then just walk away and leave it, it's not worth the hassle if you get good or if they get a bad reputation.

Just be original, it's so much easier in the long run.

Edited by OldGit
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[quote name='Adrenochrome' post='316249' date='Oct 27 2008, 10:33 PM']I wouldn't do it on purpose at all.
Doesn't stop plenty of people naming their bands without doing much research and using other bands' names.[/quote]

I've done my research, it's just that I didn't get the result I wanted and I'm hoping for a way out - but I think you and Old Git have got it correct really.

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[quote name='OldGit' post='316247' date='Oct 27 2008, 10:28 PM']forget it and use an original name[/quote]

I agree.

Having said that, before we did our first ever gig, I did a search online for Foolish Earthlings and found a link to the webpage of a band called [i]The[/i] Foolish Earthlings. I emailed them, told them about us and said I didn't have a problem with our two bands having similar names as we seemed to operate in completely different areas (musically and geographically). Within a day the main guy replied to say that he was in fact the only guy and it was only an idea for a name for a band which didn't actually exist yet - and that he was happy to scrap it and the page, and he wished us luck.

Don't expect anything like that to happen.

Even Nirvana got sued by that earlier hippie band, Nirvana. (Hippies suing drop-outs - "what happened to you, man?".)

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[quote name='Adrenochrome' post='316255' date='Oct 27 2008, 10:39 PM']If the name really suits your band/project could you change it slightly and still use it? If the other band is some distance away I think that'd work.[/quote]

I used to take the booking /agent/punter calls for the band I was in that had been going (with an easy to find website) for about 10 years when someone else decided to use the same name. as [singer's name] and the [our band name].

They recorded some singles, got some Radio One air play and a gig review in the Guardian that had our picture - the review basically said they were crap - but it had our picture (from our press page on our website). I got some calls from people trying to book the other band for the local Uni that, had I not been on the ball, we'd have ended up playing - and everyone would have been upset.
It was very obvious for anyone who bothered to look at the website that we were not the other band but this all still happened ...

So ...........

Some people round here already know that I'm a bit of a web marketing specialist - with a particular interest in band websites and promotion.
There is no point in doing this. You will just create hassle for yourself.

If you just change the other band's name a little it will make very little difference.

If you are not a tribute or covers band playing local weddings only; if you are an originals band you need to be the ONLY ones with your name.

You also need to be able to have a every current and potential fan, booker, band member, record company scout, TV producer, film music researcher etc etc etc to find YOUR website/myspace and not theirs.

If your name is virtually the same you will either miss the call or have to spend so much online and off line effort explaining that you are not the other band or a tribute band to them or why you chose to use the same name.

Just don't do it.

Edited by OldGit
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[quote name='OldGit' post='316280' date='Oct 27 2008, 11:13 PM']I used to take the booking /agent/punter calls for the band I was in that had been going (with an easy to find website) for about 10 years when someone else decided to use the same name. as [singer's name] and the [our band name].

They recorded some singles, got some Radio One air play and a gig review in the Guardian that had our picture - the review basically said they were crap - but it had our picture (from our press page on our website). I got some calls from people trying to book the other band for the local Uni that, had I not been on the ball, we'd have ended up playing - and everyone would have been upset.
It was very obvious for anyone who bothered to look at the website that we were not the other band but this all still happened ...

So ...........

Some people round here already know that I'm a bit of a web marketing specialist - with a particular interest in band websites and promotion.
There is no point in doing this. You will just create hassle for yourself.

If you just change the other band's name a little it will make very little difference.

If you are not a tribute or covers band playing local weddings only; if you are an originals band you need to be the ONLY ones with your name.

You also need to be able to have a every current and potential fan, booker, band member, record company scout, TV producer, film music researcher etc etc etc to find YOUR website/myspace and not theirs.

If your name is virtually the same you will either miss the call or have to spend so much online and off line effort explaining that you are not the other band or a tribute band to them or why you chose to use the same name.

Just don't do it.[/quote]

OK, that's a strong argument - you may have convinced me. Thank you.

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[quote name='OldGit' post='316247' date='Oct 27 2008, 10:28 PM']It's not a good idea from a marketing perspective.

If you start out with a name that is already in use you only win if you can get the myspace and website URL - all the URL's and all the variants.
If they already have either, forget it and use an original name. It's easy to check if someone else is active on the web - search on google, yahoo, ask.com and myspace.

If you find a band with that name already then just walk away and leave it, it's not worth the hassle if you get good or if they get a bad reputation.

Just be original, it's so much easier in the long run.[/quote]
+1

Got to echo OG's sentiments here about being original.. In a crowded marketplace, anything you can do to set yourselves apart from the competition is a must!

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