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Do Group names expire if not used?

5K views 14 replies 9 participants last post by  AntonVonWebern 
#1 ·
Hypothetical situation:

I live in Capital City, 20 years ago 4 well known saxophonists formed the Capital City Saxophone Quartet, toured and recorded, then moved away from the area and no longer play together. Lets say I and 3 of my friends want to start a new quartet and call ourselves the Capital City Saxophone Quartet, are we open to Liability?

My feeling is that it has been so long since the original group was active its fair game. It's not like the Beetles who's name very clearly has a lot of value and most likely has been registered with some government agency.

Thanks

James
 
#2 ·
If they toured and recorded, I would avoid the name on principle. Whatever product you offer your audience may reflect (for better or worse) on the reputations of the individuals in the original group. I'd at least contact the original members to notify them that the name may be back in circulation.
 
#5 ·
The Inkspots (vocal quartet, very popular in the 1950s) had just that problem. They neglected to register the name as a trademark. Years later nobody actually owned the name and several groups toured as the Inkspots, some of them including one of the original Inkspots, some not. All you needed was four black guys, one with a clear high-pitched tenor voice and a deep-voiced guy who could say, "Honey chile..."

It sometimes happened that two such groups would appear at the same time in the same town.

I'd pick a different name to avoid confusion (unless, of course, you are capitalizing on the previous group's popularity with a tribute band). There will always be someone who remembers the other group and wants to talk about the time they saw you perform in wherever. Someone will bring an old album to your show and ask for autographs. That kind of stuff.
 
#7 ·
It's not like the Beetles who's name very clearly has a lot of value
The band from Liverpool were called "The Beatles", but I bet there were other bands called "Beetles" or something like, trying to cash in, but stay the right side of the law.

There must be loads of good names you could use that haven't been taken before, but how on earth you could check I don't know.

Just don't do what lots of other sax quartets do and substitute the word "sax" for "sex" and think it is amusing !

Rhys

PS I did buy up the pad and all the graphics from a local amateur quartet that folded. Didn't use their name though.
 
#8 ·
Could you simply call it the Capitol Saxophone quartet?

I would think that even if the group had no rights to the name, their record company might frown on new CDs being released with the old name. Time to call a music lawyer.
 
#12 ·
Puns are the only way to go, so unfunny they are (almost) funny.

Some I just made up for you (feel free to use any of them, the first one is clearly the best)

The Aural Sax Quartet
The Group Sax Quartet
The Unprotected Sax Quartet
 
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