Band name question

Dange

Dange

Dange

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Joined
28 Jun 2005
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272
My band got this email from a guy in america:

Some american guy said:
hello,

this is a very friendly and kind cease and desist order for you to refrain from using the name "echo chamber" as your band name from this day forward. i have used this name for my britpop/indie band since 1995 and released two independant cd's with the inprint. i have also registered www.echochamber.net and mainted this site since. we cater to the same genre and don't any future confusion going forward. we have perfrormed hundreds of shows and opened for such seminal groups as "modern english," "gene loves jezebel," and a "smiths/morrissey" tribute just to name a few. please respond with a positive reply to avoid future action.

cheers mates,

echo chamber (u.s.)
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Now he doesnt mention he owns any rights to the name, or if has a leg to stand on legally, so i want to find out whether he owns the copyright? Anyone know where i can do this? If he does then fair enough and we'll ahve to change our name, but if not then i can send his a nice friendly cease and decist order for him to refrain from emailing me again.
 
Just to start you off...

You can't copyright 2 words. Copyright is not the problem here.

Edit: He could possibly bring an action for passing off:

Passing off (common law)

An established trader (individual, partnership, company, foreign company, etc) can sue if:

 a new business is using the same or a similar name (or copies product, packaging, etc);
 so as to cause confusion between the businesses (area, type of business, etc);
 with potential damage to the established trader.

Passing off is a common law action to protect business names and trade marks (even if they are not registered as such). The business suing would usually have to show:

 a property right in the name, e.g. by long usage and reputation;
 that the defendant is infringing the name in broadly the same line of business and geographical area;
 the likelihood of damage, e.g. by establishing diversion of trade or loss of reputation.

The usual remedy sought is that of an injunction, although damages are also possible but they are difficult to quantify.

/Notes


If you keep your band off the internet then he hasn't a leg to stand on because he's in a whole other country. If, however, you rely on the internet then I would change the name.

Edit2: thesaurus suggests Resonance Cavity. Any good? :p
 
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I don't know if the law has changed since I was a young man but I read that you can't copyright a bands name. For many years until recently we had both a Deep Purple and Genesis in the Stoke area because they had the names before the big bands did. However, if Genesis or Deep Purple wanted to take it further then they would probably win in court because they could prove with their back catalogue.
 
dmpoole said:
I don't know if the law has changed since I was a young man but I read that you can't copyright a bands name. For many years until recently we had both a Deep Purple and Genesis in the Stoke area because they had the names before the big bands did. However, if Genesis or Deep Purple wanted to take it further then they would probably win in court because they could prove with their back catalogue.
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Your right. A couple of words together won't establish a copyright. Too short.
 
Interesting that he should sign off 'Echochamber (us)'

The Mission were forced to call themselves The Mission (UK) in the States but retained The Mission in the UK.

You might have trouble if you go to the States but I suspect there is bugger all he can do if hes in the US. BTW IANAL

MB
 
Matblack said:
Interesting that he should sign off 'Echochamber (us)'

The Mission were forced to call themselves The Mission (UK) in the States but retained The Mission in the UK.

You might have trouble if you go to the States but I suspect there is bugger all he can do if hes in the US. BTW IANAL

MB
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There is/was an American band called Beloved who, when they played in the uk, went by the name of Beloved (US).

I imagine that it'd be ok to use the name Echo Chamber in the UK, as stated above. I also imagine that a US "cease and desist" order would be utterly useless in the UK.

What I'd do, is just let the guy know you have no intention of changing it but if you ever do play the us, just put (UK) on the end of the name to save confusion. Unless he decides to sue or whatever, I really think there's not very much he can do about it.
 
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