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my name is ***** ***** I will help you with this.
I assume the band split up? Does anyone own the name itself, it did one person take ownership?
thanks, ***** ***** split up after the singer was signed as a solo artist
I don't think anyone has taken ownership, but this band member came up with the name, and is willing to take ownership now
Ok. Was there any agreement about who owned the name when they split?
not that I know of
Ok. Well its bad news - he will need consent of the others.
They each own the name so to speak
It is like when Phil Collins went solo.
even if he came up with it in the first place
He couldnt use the name Genesis as that is all of the band members even if they split up, without their permission
That is why he is Phil Collions
Even though he does Genesis songs when he is on tour
Yes the name belongs to the band, unless there has been any prior agreement
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
Can I clarify anything about this today please?
can he call himself 'Phil collins of Genesis' or something else with Genesis in the title without having to ask their permission
Yes that is fine.
He can't represent as the band being Genesis
Otherwise you would be a bit miffed if you brought a ticket only to find its not the band,
and it's ok to play genesis songs?
yes of course.
He pay need to pay royalties, but ok to play
He is not saying he is Genesis just performing their songs
is it too late to make a claim on the name now then?
Possible but could be messy and expensive
so if he gets permission from another band member but not from a third member is that no good either?
Well you really need consent of everyone
ok, thanks very muuch , it's made it more clear now.
Indeed. Can I clarify anything else ?
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so this is not intellectual property of the band member who came up with the name as it was done on the bands behalf?
Only if it was agreed that it was. It is joint as the members are the band.
Not the individual
could you please point me in the direction of where I would go online to register rights to a band name?
It would be subject to copyright/trademark - so the Intellectual Patent Office, run by the Government
thanks very much, have a good evening
And you. Please do remember to rate before you go
sure, you've been a great help
Thanks. Have a great night