bands being sued for name changes and such

Blue Stew mail@bluestew.com
Fri Apr 6 16:56:40 EDT 2007


I own the domain name bluestew.com but not the band name. Supposedly 
B.S's old lead guitarist (John Boutell) has it registered with 
L.O.Congress. The only time it ever caused us any concerned was when 
John used the name to promote his own gigs, here in the same town. There 
would be two Stews listed as playing in two different places at the same 
time. It drove the original Stew fans crazy. John now lives in Frisco 
and (I assume) is no longer playing under the name.
There are a buncha' Blue Stew's, in the world, in various spellings 
(Blue'S' Stew, the Blue Stew Two, Delicious Blues Stew...). I've even 
heard there is a Blue Stew in Nashville that's really good. They don't 
play here and we don't play there.
We've never had any problems and I haven't heard anything from them.

I don't take names of bands very seriously. Names are only needed to 
identify one blues band from the next. All that matters is the music.

You know what happened when the Beatles first hit. All of a sudden there 
were a million "bug" bands with long hair popping up all over. It didn't 
hurt their career much.
mike


Deja Blues wrote:
> You don't copywrite you trademark.  I checked with the US Patent and 
> Tradmark Office, and The Burning Blues Band was copywrited by Joe on 
> January 12th 2007.  http://www.uspto.gov/#   Joe owns the name.  Costs 
> hundreds of dollars to do this, but it is the most secure way of 
> owning a name.
>
> The next best solution is www.bandname.com
>
> The next best solution is to own the website address in the .com .net. 
> biz .org  all of 'em.  With GoDaddy.com it's not that expensive.
>
> Titles can't be copywrited.  So there can be an infinite number of 
> different songs with the same name.  They just can't be the same song.
>
> Regarding the Bed Burner comparison.  Different industries.  When you 
> trademark a name you have to trademark it for a specific industry 
> (i.e. entertainment for hire).   Somebody trademarked it for a movie 
> title, somebody else trademarked it for a band name.  They can 
> co-exist, unless you want to spend the extra money and trademark for 
> more than one industry.
>
> And as for a song title...anybody could write a song with that title.
>
> Nancy
>
>
> ----- Original Message ----- From: "Candye Kane" <candyekanetour@aol.com>
> To: <BLUES-L@LISTS.NETSPACE.ORG>
> Sent: Monday, April 02, 2007 1:21 PM
> Subject: bands being sued for name changes and such
>
>
>> Years ago, I was threatened with a lawsuit because I was calling my 
>> band candye kane and the shieks of shake. Louie Lista who had a band 
>> called the shieks of shake years earlier in 80's punk l.a. said he 
>> owned the rights to the name and that they were on the verge of  big 
>> break through which apparently never happened. I think its bad karma 
>> when people sue each other especially if these people are 
>> musicians.My recent bout with john waters and his lawsuit threats 
>> reinforces this karma idea. His tv show took a big dive right after 
>> he decided to threaten me with suit for covering a song from one of 
>> his movies.
>>
>> My question is; How can you copyright a name like burning blues 
>> anyway? It seems like these words would be uncopyrightable. There was 
>> a movie called the burning bed with farrah fawcett playing a battered 
>> wife, then there was a song called the burning bed in the frida kahlo 
>> movie with salma hayek, then there was a band called the bed burners. 
>> How can any of them be exclusive?
>>
>> IMO, both bands the burning blues band and burning blue should just 
>> use the interest in each other to steer business to both groups. I 
>> know there is a drag queen performer names candyce kane and there was 
>> a 50's stripper named candy cane. My legal name is candice kane and 
>> thats who I am no matter who uses my name. Maybe you should 
>> incorporate at the burning blues band? Cant believe people have the 
>> time, money and energy to threaten to sue each other when all of us 
>> are barely getting by! crazy.
>>
>> candye
>>
>> work what you got, if its a little or a lot!
>>
>> www.candyekane.com for news and updates!
>> www.myspace.com/candyekaneband
>>
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