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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a member of a name band which has an original member

Resolved Question:

I am a member of a `name ` band which has an original member in it who started the band in 1964. The drummer who has only been with the band for 10 years formed a limited company the band name using the band`s name but he did not register the band`s name as a trade mark and the original member has pror use of this name having been using it for 30 years. The drummer is now threatening to stop the band using the name although it is not registerd as a trade mark by him or anyone else. I would like to know the legal position before we spend money on it.

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is there any group agreement in writing please?
Customer:

There is not a any group agreement in writing, The leader and Founder of the band who is still performing with it started the band in 1964.and he is the one most associated with the band.

Customer:

There is no agreement in writing.

Alex Watts :

Ok - well its good news

Alex Watts :

If you have evidence that it has been used since 1964 it makes no difference if this new drummer has set up a Limited Company

Alex Watts :

You can't be infringing on that name, because you were using it before the Company was set up

Alex Watts :

So if you have evidence you can write back and say that he is talking twaddle

Alex Watts :

If you had set up the band AFTER the Company had been set up that would be a different matter

Alex Watts :

But you set up the band before, so he can take no action
C

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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