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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I'm wanting to know what is the law on rights to use a

Resolved Question:

, I'm wanting to know what is the law on rights to use a musical band name, that is not in use today. The scenario is if a certain band member came up with the original name in the first place and wants to use it now, but the name of the band was the abreviated name of the singer who since went solo and signed a recording contract under their own full name.
, (this is not the named person involved but it's the same scenario) if a well known solo singer like ***** ***** used to be in a pub band called the TM Jones Band, and a member of that original band wants to tour without ***** ***** but using that original name and playing the songs that they played back then when ***** ***** was the singer in the band as well as other ***** ***** songs. This is essentially a cover band but with an original member.
So my question is : do they have the right to do this without having to ask ***** ***** or other members of the original band?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

I assume the band split up? Does anyone own the name itself, it did one person take ownership?

Customer:

thanks, ***** ***** split up after the singer was signed as a solo artist

Customer:

I don't think anyone has taken ownership, but this band member came up with the name, and is willing to take ownership now

Alex Watts :

Ok. Was there any agreement about who owned the name when they split?

Customer:

not that I know of

Alex Watts :

Ok. Well its bad news - he will need consent of the others.

Alex Watts :

They each own the name so to speak

Customer:

ok

Alex Watts :

It is like when Phil Collins went solo.

Customer:

even if he came up with it in the first place

Alex Watts :

He couldnt use the name Genesis as that is all of the band members even if they split up, without their permission

Alex Watts :

That is why he is Phil Collions

Alex Watts :

Even though he does Genesis songs when he is on tour

Customer:

I understand

Alex Watts :

Yes the name belongs to the band, unless there has been any prior agreement

Alex Watts :

If it was the case Phil Collins said looks guys this is the name I have come up with and I retain the rights to it, that would be different

Alex Watts :

Can I clarify anything about this today please?

Customer:

can he call himself 'Phil collins of Genesis' or something else with Genesis in the title without having to ask their permission

Alex Watts :

Yes that is fine.

Alex Watts :

He can't represent as the band being Genesis

Alex Watts :

Otherwise you would be a bit miffed if you brought a ticket only to find its not the band,

Customer:

indeed

Customer:

and it's ok to play genesis songs?

Alex Watts :

yes of course.

Alex Watts :

He pay need to pay royalties, but ok to play

Alex Watts :

He is not saying he is Genesis just performing their songs

Customer:

ok, thanks

Customer:

is it too late to make a claim on the name now then?

Alex Watts :

Possible but could be messy and expensive

Customer:

so if he gets permission from another band member but not from a third member is that no good either?

Alex Watts :

Well you really need consent of everyone

Customer:

ok, thanks very muuch , it's made it more clear now.

Alex Watts :

Indeed. Can I clarify anything else ?

Alex Watts :

If not can I ask you to rate my answer before you go today. The button should be at the bottom of the screen.

Alex Watts :

If you need more help please click reply

Customer:

so this is not intellectual property of the band member who came up with the name as it was done on the bands behalf?

Alex Watts :

Only if it was agreed that it was. It is joint as the members are the band.

Alex Watts :

Not the individual

Customer:

yep

Alex Watts :

Great

Customer:

could you please point me in the direction of where I would go online to register rights to a band name?

Alex Watts :

It would be subject to copyright/trademark - so the Intellectual Patent Office, run by the Government

Alex Watts :

https://www.gov.uk/government/organisations/intellectual-property-office

Customer:

thanks very much, have a good evening

Alex Watts :

And you. Please do remember to rate before you go

Customer:

sure, you've been a great help

Alex Watts :

Thanks. Have a great night

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