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Can you register a cover band`s name?


jezzaboy
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Brief history. I was in a ac/dc covers band from 2015 until late 2019.

 

The female singer played her last gig in 2019 and doesn`t want to do it anymore. We try to continue with a new singer but lockdown gets in the way so it`s very stop and start with a new female vocalist.

 

When we can finally get back in a studio together last year, the lead guitarist (Angus 1) ignores all attempts to contact him, texts, e mail, facebook, no reply. I should explain that myself, drummer and other guitarist are mates but the lead guitarist is a bit of a weirdo and outside the band, we are not friends socially or even know where he lives. He has always been a moody sod and very negative even when playing a cracking gig so we are happy to see the back of him.

 

Due to this, we get another guitar player (Angus 2) and decide to carry on. Original lead and his girlfriend (the original singer) is not too happy and the usual slagging match ensues over social media but he`s gone. The new lead guitarist (Angus 2) has recent health issues and has to knock it on the head so we advertise for a new guitar player. Who answers the advert, Angus 1 who gets ignored and blocked. And the vocalist isn`t cutting it so she is let go at the same time and we will look for a replacement after sorting out the guitar player.

 

We have a potential new guy coming down but Angus 1 has now placed an advert looking to re form another ac/dc band and is trying to ride on the coat tails of the band he is no longer a part of which is fair enough as being the lead player, he played a large part in the band`s history. Now we have control of our facebook page and he no longer has any say but we are concerned that he may try to use the old bands name. 

 

So is there anyway that we can register the name and stop him using it? I realise that it`s only a tribute band and we don`t do this on a professional level but we spent 5 years building this up and are not to keen on this being hijacked by a tw%t who thinks he did it all himself. Yes, there is some bad feeling.

 

Sorry for the long post but I would imagine that some of you will have been in this position so any advice will be greatly  received.

 

 

Edited by jezzaboy
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1 minute ago, bertbass said:

 

I wouldn't really consider that to be the same thing as registering a band name.

 

I suppose a band could be considered a business, if it's earning and paying tax, but that's certainly not always the case. 

 

Also. There are lots of companies that have the same name. A1 Window Cleaners etc. So I don't see how registering as a business would give you exclusive rights to a name. 

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The main problem I see is that while you may find avenues to claim ownership... how do you enforce it if someone else decides to use your name?

I can't imagine you will get anywhere without some kind of legal involvement, which for most covers bands is not going to be an attractive proposition even if you are in the right and will win.

 

Tough one.

 

Hiring a hitman might be the easiest way... but that brings a whole other set of complications, so I would not recommend that :D

 

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Realities must be considered.

 

Would you actually sue if he still used the name? Would you spend that money?

 

If not, then there’s not a lot of point in trying to protect it. Ultimately it’s a cover band and the questions of actual IP ownership would be very convoluted. 

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Personally I wouldn't put too much energy into worrying about it, just focus on your own band and sort required band member asap. He sounds like a complete bell end who most likely won't retain new band members for long anyway if he is going to be in charge of his new set up! The FB page is in your bands control anyway, and maybe just put "the original *Band X* looking for...." when advertising?

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