# Just found out that rock band has same name as clothing line. ADVICE?



## CheeseHead05 (Sep 10, 2013)

I have created a brand name that I have stuck with for about 2 months..Considering that I am in the start-up phase now, I have been doin alotta research on just the name to see what I can find ont the web as far as if the name is already taken. I have done further research and saw that there is a rock band out in Cali under the same name and even more scary, they have a wikipedia pg. What is your advice? Can I still use it being that the name has 2 totally different outlooks, ojne in music and the other in fashion? Can I add "Clothing" to the end and be ok? I understand ppl get sued over similar names due to customer confusion. What do you guys think?


----------



## GordonM (May 21, 2012)

Personally (and this isn't legal advice) I would find another name unless you plan on being first to trademark it for apparel -- this assumes they haven't already done that. While they are a band, they'd be quite expected to file a trademark that includes t-shirts and other apparel. Many bands do this as a matter of course.

Whether or not you can append "Clothing" to the end to make it right depends on the commonality of the rest of the name. If it's a fairly distinct (made up) name, then no, that won't work.

The above is not legal advice.


----------



## kimura-mma (Jul 26, 2008)

Adding the word "clothing" probably won't help.

Since it's different industries, it could be ok to use the same name. But it's not uncommon for popular bands to sell merchandise under their own label, so it's probably best to consult a local IP attorney. If the band has used the name first, you could be lurking in muddy waters.


----------



## guysmalley (Nov 1, 2008)

CheeseHead05 said:


> I have created a brand name that I have stuck with for about 2 months..Considering that I am in the start-up phase now, I have been doin alotta research on just the name to see what I can find ont the web as far as if the name is already taken. I have done further research and saw that there is a rock band out in Cali under the same name and even more scary, they have a wikipedia pg. What is your advice? Can I still use it being that the name has 2 totally different outlooks, ojne in music and the other in fashion? Can I add "Clothing" to the end and be ok? I understand ppl get sued over similar names due to customer confusion. What do you guys think?


I would think you might be ok but to be sure is to go through a lawyer but also add something as a the, or orginal that can be very under stated,


----------



## gtiguy (Nov 27, 2013)

Different industries, I think you'll be ok


----------



## 20vK (Jul 9, 2011)

If they have sold 1 shirt or item of clothing, then they have the right to the trademark, even if you apply and get it.

If they have not sold a shirt or any clothing and you have, then you have the right to the mark for clothing .

You would both need to be able to prove the mark was used in commerce form the date you are claiming the mark.


----------



## CheeseHead05 (Sep 10, 2013)

yea, imma have to make some changes, they have some merchandise at bigcartel...darnit! o well, back to the drawing board...guess before, my research wasnt extensive as it should have been.


----------



## 20vK (Jul 9, 2011)

I made up a name - a combination of the first syllable of 2 words. 

Like - firsyll for the two words "first syllable"

That way it's almost guaranteed no one else will have it. Plus you get to buy all the websites, social media names, YouTube channels etc. EASY!


----------



## CheeseHead05 (Sep 10, 2013)

Do u think I will b ok if I alter the spelling a little and on my site refer to the correct spelling which is the band's name to describe my brand meaning? For example, Im goin to use the new spelling but on the "About" pg kinda use the correct spelling to give my market a clear cut meaning of my brand as far as the stance..will this do or is it still treading waters?


----------



## EricDeem (May 7, 2011)

I had an idea for a t-shirt brand...went thru the headaches associated with filing for a trademark only to be served a cease and desist order from a record company of the same name. I had included "clothing" in the brand name but it wasn't a big enough difference to try and fight in court.


----------



## 20vK (Jul 9, 2011)

Nope - you are using their name to sell your goods.

Think about if you read about that in a newspaper - would people think you we're trying to prosper from their trademark? Probably. Same goes for spelling variations - probably a reason there is no Kokakola or pepci kola

Plus it does you no favors - what if you become successful? Do you want your potential
Customers going to a band's clothing website with a similar name, because they heard your brand name on the radio?


----------



## CheeseHead05 (Sep 10, 2013)

Dekay, thanks so much for the helpful example..So wut did u end up doing with ur brand? And 20, u have a point in ur last statement. *sighs* i thought I was rolling with somethin too..glad i asked..


----------



## EricDeem (May 7, 2011)

I basically had to come up with a new name and ended up wasting all the time and money I spent on the original name.


----------



## CheeseHead05 (Sep 10, 2013)

Wow! If u dont mind, im not askin for the exact figures as it is none of my business but somewhere n the ball park, was the cost in the 1000s? 

and does anyone know where i can read up on the rules of the copyright game when creating a brand?


----------



## EricDeem (May 7, 2011)

Yes it cost me $1000's because you need to really have a copyright lawyer handle it. I tried to do a lot of it myself and the amount of time it took just going thru the jargon and legal nonsense would have been much easier to deal with had I just hired a lawyer from the start.


----------



## kimura-mma (Jul 26, 2008)

Copyright is something different. You want to research about Trademarks. Start by reading the info at www.uspto.gov. You can also search trademarks on Wikipedia.


----------



## GordonM (May 21, 2012)

CheeseHead05 said:


> Do u think I will b ok if I alter the spelling a little and on my site refer to the correct spelling which is the band's name to describe my brand meaning? For example, Im goin to use the new spelling but on the "About" pg kinda use the correct spelling to give my market a clear cut meaning of my brand as far as the stance..will this do or is it still treading waters?


Worse waters. As others have said, this demonstrations willful deception, and could get you in even more trouble.


----------



## CheeseHead05 (Sep 10, 2013)

Wow!!!!!! I gotta go back to the drawin board which will kinda push me back being that I was complete wit my designs (my designs have my brand name in them) but listening to all u guys advice, it's well worth taking the time to get something done correctly. Alteast I dont have to do too much altering..


----------



## guysmalley (Nov 1, 2008)

CheeseHead05 said:


> Wow!!!!!! I gotta go back to the drawin board which will kinda push me back being that I was complete wit my designs (my designs have my brand name in them) but listening to all u guys advice, it's well worth taking the time to get something done correctly. Alteast I dont have to do too much altering..


Well i can relate after starting my t-shirt company the "the rolling stones" who would have thought some band was named that? So now after alot of money say hello to my new company, "the beatles!!


----------

