TColumbia37
Silver Member
So here's the deal:
I play in a band by the name of As You Were. We have been an active band since 2009. This morning, we were contacted by another band by the same name. They have been an active band since 2010, but they trademarked the name in 2012.
We are very DIY, and almost always play for free and give our music away for free, so we don't make any money making and playing our music. We just want people to hear it and appreciate it.
Can anybody tell me if we can legally use the name if we aren't receiving any monetary gain from it? Is this covered under 'fair use', or do we legally have to change the name to continue to play?
I only ask here, because I can't find any definitive answers on any online resources I can find. Thanks for any help.
I play in a band by the name of As You Were. We have been an active band since 2009. This morning, we were contacted by another band by the same name. They have been an active band since 2010, but they trademarked the name in 2012.
We are very DIY, and almost always play for free and give our music away for free, so we don't make any money making and playing our music. We just want people to hear it and appreciate it.
Can anybody tell me if we can legally use the name if we aren't receiving any monetary gain from it? Is this covered under 'fair use', or do we legally have to change the name to continue to play?
I only ask here, because I can't find any definitive answers on any online resources I can find. Thanks for any help.