May 27, 2004 04:38 am I guess I'd first go to bandname.com and see if they have any advice.
someones stolen my name!
Posted on May 27, 2004 04:29 am
flame
...bringing sexy back
Member Since: Jul 01, 2002
what should i do if i find someone else using 'the flame' name for their music? ive registered the flame at bandname.com, but dunno whether i should do anything? help!
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May 27, 2004 04:38 am I guess I'd first go to bandname.com and see if they have any advice.
May 27, 2004 04:42 am yeah, tried that, cant find much really...i registered 'the flame' in '01 there, is there a way of telling when this website was set up?
May 27, 2004 04:59 am you can do a WHOIS search at www.internic.net and it will tell you who the registrar of the domain is and where it's hosted and may tell you when it was first registered...after that go to the registrar and do a WHOIS there to maybe get more info.
May 27, 2004 07:36 am I think im gonna sue everyone named tony when i get famous. like spike lee did tword the spike tv channel
May 27, 2004 08:18 am getting a "too many requests" error from that db, ill try it laters though...im really annoyed cos i researched that name thoroughly before using it to make sure there was not groups with the same name, (and changed it from 'flame' to 'the flame' as a result) and this other person hasnt bothered to do that at all...
May 27, 2004 08:34 am Slightly off-topic... flame, have you ever heard of the band Cheap Trick? They had a hit single called "The Flame". :)
bummer about the "identity theft"... I hope you get it resolved to your satisfaction.
May 27, 2004 10:02 am yeah tican, i had heard that...i found out when i started promoting cheap tricks...
mad huh?
May 27, 2004 11:24 am wait...your band name is The Flame, and your EP is the Cheap Tricks EP, but Cheap Trick had a song called "The Flame" a while ago? i'd imagine that there would be more of a chance of Cheap Trick suing you! :-0
but it depends on copyrights...if you have copywritten material under your band name, then anyone who comes along afterward needs to find a new name or you can defend yourself.
May 27, 2004 11:43 am worrying aint it!
i honestly hadnt heard of them before...though its the link between the ep name and the band name that would be an issue...eithre on their own wouldnt be presumably...
May 27, 2004 02:51 pm Hey, there's only one flame! That's you buddy! That name fit's you so well...can't imagine anyone else with it.
May 29, 2004 10:58 am lol, thanks! wanna know where it came from originally? yeah? good.
when i was a kid i used to love hot rods and dragster - still do in fact, but i dont get to the races as much anymore. a cool old model a with a small block, or a prostreet chevy - nice! anyways, i also liked old sixties music, the beatles the stones, and again, still do.
bear with me on this point...its a confusing one...
a lot of these modern dragsters are cool old cars but with the latest greatest technology under the hoods. old sixties stuff made modern...which is kinda how i visualised my music. classic old school tunes, but without the dated recording techniques. im not quite there yet with my vision, but im builiding up towards what i want gradually...
what have a lot of hot rods got? flames
hence : flame, which became the flame on the recommendation of a on old hot rodder i know, and because 'flame' is the name of a rap combo i found.
simple eh?
May 29, 2004 12:30 pm usually the only way someone can soley use the name is if they are registered as a legitimate business entity (i.e. LLC, Corp, or what not). Even then say for example someone creates a movie called The Flame, and your band name is called The Flame you are both allowed to have the name due to the fact that you are in music and they are in movies and are seperate entities.
The only other way that you would be in trouble is if they have a pattent or trademark on the name legally. Usually copyrights are registered in music under the writer that wrote them in the band instead of the band name caus that way if the band ever breaks up the owners still have rights to their songs and don't end up fighting it out in a legal battle over who gets to use them after the band is said and done.
Legally though if you guys are going at it full force with your band I would advise getting an entertainment lawyer to help you secure the name and start a company for your band with the name though. I know that through vlany.org you can get free advice from entertainment attorneys as it is a group in NYC that is setup to help struggling musicians who can not afford to hire an entertainment lawyer. You don't know who you'll get on your case with them, but you will always get top notch advice.
I also have a whole ton of resource links on my personal website at: charlienaebeck.com under the links section if you would like to check them out and see if there is anything helpful. I would highly reccomend reading the entire advice section on a website called starpolish.com for any up and coming bands. Section 2 under the advice tab on that website is all about registering and keeping a name for a band. :)
Hope this helps and goodluck. :)
May 29, 2004 12:58 pm interesting.
im feelin a bit guilty since its a gospel singer, and might just leave it, but he shoulda made some kinda effort to check i think...
www.egeorgebeasontheflame.com/the_flame_video.htm
May 29, 2004 01:29 pm Just fyi, a band name is a service mark (not a trademark), and much like a copyright, is in place the moment you use it, and only for the first (person/band) to use it. Much like a copyright as well, you only have a chance for fiscal return if you register....
A service mark is protected only if the next person to use the name uses it in the same 'industry'. So if a soup company wanted to make 'the flame' soup, you, or whoever owns the service mark, could not go after them.
W.
May 29, 2004 01:43 pm thanks for the input waldo...im not too interested in the financial implications, or, like ya say if someone made 'the flame' soup - just that im trying to establish some kinda recognition for my music, and someone piggybacking off that seems wrong...
May 29, 2004 01:56 pm oops.. yeah, thats what I meant. Thanks Waldo. :) My brain is fried and I am ready for the long weekend here. lol
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