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deltdrum 06-14-2012 11:02 AM

Band name issues
 
My band "WHALE" has built a fairly solid following in my hometown. Our guitarist claimed to have checked the name to make sure that there weren't others, but as it turns out, he did nothing of the sort.

There's a band from Sweden with the same name that happened to have found a decent level of success.

Does capitalizing letters change the rights to a name? From the get-go, I've been dead set on a short, fully capitalized name (looks bigger on posters), and we even told people that it is spelled with all caps.

I only ask, because we've been trying to find a new name for about 3 weeks and have gotten nowhere.

alparrott 06-14-2012 12:17 PM

Re: Band name issues
 
Almost certainly capitalizing means nothing. What can cause issues is if there is sufficient reason that the original band might come to think that you are stealing potential consumers away from them by causing brand confusion.

This used to happen all the time back in the day. You know, before the internet and Google and things.

If your genre of music is the same genre the original Whale plays, it will make the situation worse. Time for you, or the band as a whole, to spend some time on the internet trying to come up with something truly unique. May I suggest not leaving it up to your guitarist this time?

larryz 06-14-2012 07:12 PM

Re: Band name issues
 
I'm in the legal field, and although my expertise is not band names I would think that as long as your band is also not from Sweden or will not play live there you may be ok. Not sure about the captialization thing. You could add an exclamation point at the end of your name..

WHALE!

My brother's band was recently sued by another band with the same name here in the U.S. who claimed there name was legally registered, citing copyright infringement. Different story. If you and the other band are in the same country I would see legal help. If not you should be ok. Worst case is you keep the Whale name, and recevie a Cease and Desist lette rfrom the other band's lawyer (doubt that would happen though) and your band changes it's name.

deltdrum 06-15-2012 12:22 AM

Re: Band name issues
 
WHALE!

You just saved us a lot of trouble sir. I can't believe I didn't think of that. Plus it's even more over the top than before.

Thanks for the help!

Mad About Drums 06-15-2012 12:29 AM

Re: Band name issues
 
What about adding the preffix "THE", would that change the legal point of view?

THE WHALE

LanceG33 06-15-2012 12:39 AM

Re: Band name issues
 
Similar issue happend with Wrathchild America and Wrathchild UK in the late 80s; you can see from the names how a judge ruled when push came to shove . . .

Can you live with 'Whale America'? (sounds like commentary on the U.S. growing obescity issue)

As mentioned above, you could opt for the 'The Whale' which also happens to align you closer to Mellville and a literary reference.

deltdrum 06-15-2012 02:27 AM

Re: Band name issues
 
We did look into "The" a bit, but it was kind of a mutual decision to avoid that prefix.

We've also tooled around with the name "Led Zeppelin", but it just didn't roll off the tongue right.

Pocket-full-of-gold 06-15-2012 02:33 AM

Re: Band name issues
 
Quote:

Originally Posted by deltdrum (Post 1012379)
We've also tooled around with the name "Led Zeppelin", but it just didn't roll off the tongue right.

Nah, that one would go down like a lead balloon.

Anon La Ply 06-15-2012 10:42 AM

Re: Band name issues
 
I think two exclamation marks plus a stipulation that it should be in bold, italic and minimum 7 font:

WHALE!!

That's gotta make a splash ... <groooooaaannnnn>

Arky 06-15-2012 10:52 AM

Re: Band name issues
 
This gets my vote... as the "h" isn't contributing anything in terms of pronunciation:

WALE (exclamation mark(s) is/are optional)

Try to avoid the plural form though ;-)

Pocket-full-of-gold 06-15-2012 10:58 AM

Re: Band name issues
 
Quote:

Originally Posted by Arky (Post 1012499)
Try to avoid the plural form though ;-)

Yep.......a Cease and Desist order from 3 million odd people is kinda hard to dodge.

deltdrum 06-15-2012 11:07 AM

Re: Band name issues
 
We already looked into WALE actually (I love the look of 4 letter names).

1.5 million fans on facebook.

I just found out that facebook has a new policy on page names. No capitals, or exclamation points. We got grandfathered in on our old name "WHALE", but the system won't let us change it to "WHALE!".

I wish I lived in the days before social media...

metal overlord 06-16-2012 11:54 PM

Re: Band name issues
 
Quote:

Originally Posted by Arky (Post 1012499)
This gets my vote... as the "h" isn't contributing anything in terms of pronunciation:

WALE (exclamation mark(s) is/are optional)

Try to avoid the plural form though ;-)

Unfortunately, WALE is already a rappers name.
Pronounced "Wa-lay" or something.

Maybe put some random words infront of it? That can tend to get a little ridiculous though, haha

deltdrum 06-17-2012 04:04 AM

Re: Band name issues
 
Quote:

Originally Posted by Anon La Ply (Post 1012495)
I think two exclamation marks plus a stipulation that it should be in bold, italic and minimum 7 font:

WHALE!!

That's gotta make a splash ... <groooooaaannnnn>

But what would be the porpoise of that?? <ahhhhh :P>

Anon La Ply 06-17-2012 04:12 AM

Re: Band name issues
 
Quote:

Originally Posted by deltdrum (Post 1012501)
We already looked into WALE actually (I love the look of 4 letter names).

1.5 million fans on facebook.

Can't miss with this!

WAIL


Quote:

Originally Posted by deltdrum (Post 1013220)
But what would be the porpoise of that?? <ahhhhh :P>

LOL wasn't ready for that one :)

mikeyhanson 06-23-2012 08:51 PM

Re: Band name issues
 
ALE WHAY

....it's piglatin...

Phills 06-23-2012 09:37 PM

Re: Band name issues
 
Yes, I see your point:
http://www.allmusic.com/search/artists/whale

What about:

W A H L E

JimmyTheMonkey 06-23-2012 10:05 PM

Re: Band name issues
 
The more times I see it, the better name "WHALE" becomes.

Why don't you try contacting the Swedish Whale and seeing if they even care in the first place. Maybe they have not registered their name and you can still beat them in the race to the courthouse here

Midnite Zephyr 06-23-2012 11:50 PM

Re: Band name issues
 
How about...

KILLER WHALE

??

If worse comes to worse you can morph your group into a Great White tribute band.

Lunar Satellite Brian 06-25-2012 01:57 AM

Re: Band name issues
 
Quote:

Originally Posted by larryz (Post 1012162)
I'm in the legal field, and although my expertise is not band names I would think that as long as your band is also not from Sweden or will not play live there you may be ok. Not sure about the captialization thing. You could add an exclamation point at the end of your name..

WHALE!

My brother's band was recently sued by another band with the same name here in the U.S. who claimed there name was legally registered, citing copyright infringement. Different story. If you and the other band are in the same country I would see legal help. If not you should be ok. Worst case is you keep the Whale name, and recevie a Cease and Desist lette rfrom the other band's lawyer (doubt that would happen though) and your band changes it's name.

This seems to make sense.

But I think it would be better if you changed your name to, "Whaleasouraus"

paistemage 06-25-2012 07:30 AM

Re: Band name issues
 
Whaley Coyoyte? No thats terrible.

WHALE is kind a neat name. You guys better be crushing , epic, thunderous and huge sounding.

MAstadon, with melvins, and maybe sunno))) mixed in

deltdrum 06-25-2012 09:34 AM

Re: Band name issues
 
Quote:

Originally Posted by paistemage (Post 1016555)
Whaley Coyoyte? No thats terrible.

WHALE is kind a neat name. You guys better be crushing , epic, thunderous and huge sounding.

MAstadon, with melvins, and maybe sunno))) mixed in

We ended up going with WHALE! as a name in the end. We just couldn't settle for anything.

And we try to be huge sounding.

http://www.youtube.com/watch?v=RDVAPcq4vTk

stramming 06-27-2012 05:34 PM

Re: Band name issues
 
Rockastrophe? lol I dunno.


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