DRUMMERWORLD OFFICIAL DISCUSSION FORUM   

Go Back   DRUMMERWORLD OFFICIAL DISCUSSION FORUM > Off Topic Lounge

Off Topic Lounge All Discussions Not Related To Drumming

Reply
 
Thread Tools
  #1  
Old 06-14-2012, 10:02 AM
deltdrum deltdrum is offline
Senior Member
 
Join Date: Jan 2011
Posts: 164
Default 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.
Reply With Quote
  #2  
Old 06-14-2012, 11:17 AM
alparrott's Avatar
alparrott alparrott is offline
Platinum Member
 
Join Date: Jul 2009
Location: Wenatchee, WA
Posts: 3,787
Default 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?
__________________
Al Parrott
"Jus suum cuique"
-------------------------------------------------------
Reply With Quote
  #3  
Old 06-14-2012, 06:12 PM
larryz's Avatar
larryz larryz is offline
Platinum Member
 
Join Date: Jan 2011
Location: Pennsylvania
Posts: 1,909
Default 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.
Reply With Quote
  #4  
Old 06-14-2012, 11:22 PM
deltdrum deltdrum is offline
Senior Member
 
Join Date: Jan 2011
Posts: 164
Default 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!
Reply With Quote
  #5  
Old 06-14-2012, 11:29 PM
Mad About Drums's Avatar
Mad About Drums Mad About Drums is offline
Pollyanna's Agent
 
Join Date: Oct 2011
Location: Shropshire, UK
Posts: 5,363
Default Re: Band name issues

What about adding the preffix "THE", would that change the legal point of view?

THE WHALE
__________________
Keep On Drumming
Reply With Quote
  #6  
Old 06-14-2012, 11:39 PM
LanceG33 LanceG33 is offline
Member
 
Join Date: Jan 2012
Location: Portland, OR
Posts: 61
Default 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.
Reply With Quote
  #7  
Old 06-15-2012, 01:27 AM
deltdrum deltdrum is offline
Senior Member
 
Join Date: Jan 2011
Posts: 164
Default 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.
Reply With Quote
  #8  
Old 06-15-2012, 01:33 AM
Pocket-full-of-gold's Avatar
Pocket-full-of-gold Pocket-full-of-gold is offline
Platinum Member
 
Join Date: Sep 2009
Location: Melbourne, Australia.
Posts: 9,462
Default Re: Band name issues

Quote:
Originally Posted by deltdrum View Post
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.
__________________
What's the best cape for running away from a gig?
Reply With Quote
  #9  
Old 06-15-2012, 09:42 AM
Anon La Ply's Avatar
Anon La Ply Anon La Ply is offline
Renegade
 
Join Date: May 2012
Location: Cyberspace
Posts: 4,411
Default 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>
Reply With Quote
  #10  
Old 06-15-2012, 09:52 AM
Arky's Avatar
Arky Arky is offline
Administrator
 
Join Date: Aug 2011
Location: Germany
Posts: 2,910
Default 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 ;-)
Reply With Quote
  #11  
Old 06-15-2012, 09:58 AM
Pocket-full-of-gold's Avatar
Pocket-full-of-gold Pocket-full-of-gold is offline
Platinum Member
 
Join Date: Sep 2009
Location: Melbourne, Australia.
Posts: 9,462
Default Re: Band name issues

Quote:
Originally Posted by Arky View Post
Try to avoid the plural form though ;-)
Yep.......a Cease and Desist order from 3 million odd people is kinda hard to dodge.
__________________
What's the best cape for running away from a gig?
Reply With Quote
  #12  
Old 06-15-2012, 10:07 AM
deltdrum deltdrum is offline
Senior Member
 
Join Date: Jan 2011
Posts: 164
Default 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...
Reply With Quote
  #13  
Old 06-16-2012, 10:54 PM
metal overlord's Avatar
metal overlord metal overlord is offline
Gold Member
 
Join Date: Oct 2007
Location: Chicago
Posts: 1,001
Default Re: Band name issues

Quote:
Originally Posted by Arky View Post
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
__________________
Reply With Quote
  #14  
Old 06-17-2012, 03:04 AM
deltdrum deltdrum is offline
Senior Member
 
Join Date: Jan 2011
Posts: 164
Default Re: Band name issues

Quote:
Originally Posted by Anon La Ply View Post
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>
Reply With Quote
  #15  
Old 06-17-2012, 03:12 AM
Anon La Ply's Avatar
Anon La Ply Anon La Ply is offline
Renegade
 
Join Date: May 2012
Location: Cyberspace
Posts: 4,411
Default Re: Band name issues

Quote:
Originally Posted by deltdrum View Post
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 View Post
But what would be the porpoise of that?? <ahhhhh :P>
LOL wasn't ready for that one :)
Reply With Quote
  #16  
Old 06-23-2012, 07:51 PM
mikeyhanson's Avatar
mikeyhanson mikeyhanson is offline
Silver Member
 
Join Date: Jun 2012
Location: Europe
Posts: 735
Default Re: Band name issues

ALE WHAY

....it's piglatin...
Reply With Quote
  #17  
Old 06-23-2012, 08:37 PM
Phills's Avatar
Phills Phills is offline
Member
 
Join Date: Jun 2012
Location: Amsterdam, The Netherlands
Posts: 35
Default Re: Band name issues

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

What about:

W A H L E
Reply With Quote
  #18  
Old 06-23-2012, 09:05 PM
JimmyTheMonkey's Avatar
JimmyTheMonkey JimmyTheMonkey is offline
Senior Member
 
Join Date: Apr 2012
Location: Atlanta, GA
Posts: 190
Default 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
Reply With Quote
  #19  
Old 06-23-2012, 10:50 PM
Midnite Zephyr's Avatar
Midnite Zephyr Midnite Zephyr is offline
Platinum Member
 
Join Date: Oct 2011
Location: Surf City, CA
Posts: 2,803
Default Re: Band name issues

How about...

KILLER WHALE

??

If worse comes to worse you can morph your group into a Great White tribute band.
__________________
I see my light come shining
Reply With Quote
  #20  
Old 06-25-2012, 12:57 AM
Lunar Satellite Brian's Avatar
Lunar Satellite Brian Lunar Satellite Brian is offline
Senior Member
 
Join Date: Sep 2011
Posts: 435
Default Re: Band name issues

Quote:
Originally Posted by larryz View Post
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"
__________________
Musicz
Youtube
Reply With Quote
  #21  
Old 06-25-2012, 06:30 AM
paistemage's Avatar
paistemage paistemage is offline
Senior Member
 
Join Date: Jan 2011
Location: midwest , usa
Posts: 381
Default 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
__________________
"If I became parapalegic I would try to use my forehead to drum, or my tongue or nose." - Myself
Reply With Quote
  #22  
Old 06-25-2012, 08:34 AM
deltdrum deltdrum is offline
Senior Member
 
Join Date: Jan 2011
Posts: 164
Default Re: Band name issues

Quote:
Originally Posted by paistemage View Post
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
Reply With Quote
  #23  
Old 06-27-2012, 04:34 PM
stramming's Avatar
stramming stramming is offline
Member
 
Join Date: May 2012
Posts: 39
Default Re: Band name issues

Rockastrophe? lol I dunno.
__________________
Rock On! \m/
-$@/\/\
Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are Off
[IMG] code is On
HTML code is Off




All times are GMT +2. The time now is 12:01 AM.


Powered by vBulletin® Version 3.8.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Bernhard Castiglioni's DRUMMERWORLD.com