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Re: copyright spelling of band name
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Posted by M. Arthur Auslander on March 02, 1999 at 06:10:16:
In Reply to: copyright spelling of band name posted by abe rosa on March 01, 1999 at 20:38:39:
: whom ever;
: My band needs to copyright our name, but my guitarist looked it up in trademark library in tempe and found a band with the same name as us. Can we use the same name if we spell it different for example 11thhour, 11 th hr
: could we get away with it. We already have a poor mans copyright by sending the name to ourselves about a year and a half ago. I appreaciate all the help I can get.
Dear Abe,
It makes good sense to look into the name question early. As you become more popular, it could be very painful and expensive to be in conflict. The band name is a service mark, which under the law is treated the same as a trademark. If there is a, "likelihood of confusion" there could be a problem. If I knew your exact name and the mark the was found in Tempe, it would be easier to judge the risk.
Playing around with small changes only asks for trouble.
M. Arthur Auslander
ELAINE's Workshop: E arly L egal A dvice I s N ot E xpensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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