Thoughts on using a band name already taken

Advice on everything from getting your music heard to setting up a label and earning royalties.

Thoughts on using a band name already taken

Post by jellyjim »

Hello

Myself and some friends have got a set's worth of songs together and now we're looking for some local gigs. We've had a working name for the band that we like and it has kind of stuck. It suits the music too. We Googled and the name's been used elsewhere in the world but not locally or even in the UK, as far as we can tell. It hasn't been used in our genre either, which is fairly niche (shoegaze, math and post rock), and where the name's been used, they aren't major bands. We're not even particularly aspiring to commercial success ourselves. We're all grown ups with day jobs and lives outside music. Regular local gigs and if things go well some of the smaller boutique summer festivals would make us very happy!

Just use the name anyway or put our thinking caps on for an alternative?

Jim
User avatar
jellyjim
Frequent Poster
Posts: 1753 Joined: Wed May 15, 2002 12:00 am Location: uk
Original artwork and unique devices inspired by vintage technology http://www.thisisobsolete.com

Re: Thoughts on using a band name already taken

Post by James Perrett »

I've been involved with a band that had the same name as a US punk band. This was in the days before the Internet was as developed as it is now so we didn't know about them when we chose the name. In fact we didn't even know that The Ruts had also used the name as a song title (which I would guess is where the US band got it from). It didn't cause us any problems although we mainly played in the south of England (with the odd gig in mid Wales for some reason). We had a website so, in theory, the other band could have found us but they didn't.

There are other well known cases where bands had to alter their names to prevent confusion - one that springs to mind was The Beat who were known as The English Beat in the USA.
User avatar
James Perrett
Moderator
Posts: 16990 Joined: Mon Sep 10, 2001 12:00 am Location: The wilds of Hampshire
JRP Music - Audio Mastering and Restoration. JRP Music Facebook Page

Re: Thoughts on using a band name already taken

Post by RichardT »

Check whether the name has been trademarked for musical purposes. If it hasn’t, then there is nothing stopping you.
RichardT
Longtime Poster
Posts: 6033 Joined: Fri Aug 13, 2004 12:00 am Location: UK

Re: Thoughts on using a band name already taken

Post by MarkOne »

It’s only a bit weird if both bands play in the same genre.

I have a couple of CDs from a US band called Cairo who put out releases up to 2001, at which point I think they disbanded. They had a very distinctive sound very much in the mould of ELP.

After the UK prog band Touchstone split in 2016, their keyboard player Rob Cottingham formed his new band and decided to call it Cairo (at the time I thought “but Rob there’s already a prog band called that”)

Very different sound, and vibe though but I guess because I was already aware of the US band, it was odd to me.
MarkOne
Frequent Poster
Posts: 3052 Joined: Thu Feb 15, 2007 12:00 am Location: Bristol, England, Earth, Perseus Gap, Milky Way
My Music on Apple Music
My Music on Spotify

Re: Thoughts on using a band name already taken

Post by tacitus »

Find a unique name before it’s too late. It’ll only matter if you become well known, but there’s always a small chance you could attract what will seem like vexatious litigation to you, whatever your suer happens to think.

And just as there are bands named after songs, you could trawl a song or two out of the process you undertake to find that unique name. Look on this as a positive!
tacitus
Frequent Poster
Posts: 1583 Joined: Mon Feb 04, 2008 12:00 am

Re: Thoughts on using a band name already taken

Post by Wonks »

Or pick a name used by many bands so there's plenty of precedent.

But for a playing down the pub type band, I really wouldn't worry.
User avatar
Wonks
Jedi Poster
Posts: 19208 Joined: Thu May 29, 2003 12:00 am Location: Freethorpe, Norfolk, UK
Reliably fallible.

Re: Thoughts on using a band name already taken

Post by Drew Stephenson »

My last band's name (The Southern Wild) came about after much deliberation, but the website url was available as were the bandcamp and soundcloud options so we went for it.
There was already an 'Ells and the Southern Wild' but no-one seemed to be using just the latter bit. Then a South African lot with the same name started getting some big gigs but as yet there's been no confusion that I'm aware of (they're a lot more rock-y than we were).

The only problem is that it was only when doing some google searches long after the decision was made we discovered it was a terrible choice of name because there's a movie called 'Beasts of the Southern Wild' which obviously comes up far higher in all the search options.
It does have a nice soundtrack though.

Anyway, short answer is that it's unlikely to be an issue unless a) they've trademarked it, and b) they're actually doing any trade in your country.
User avatar
Drew Stephenson
Apprentice Guru
Posts: 29715 Joined: Sun Jul 05, 2015 12:00 am Location: York
(The forumuser formerly known as Blinddrew)
Ignore the post count, I have no idea what I'm doing...
https://drewstephenson.bandcamp.com/

Re: Thoughts on using a band name already taken

Post by tea for two »

Does changing one or two letters in the name, or adding one or two letters to the name still carry the meaning.
Recent tech companies tend to do this. Eg. Deliveroo, Lyft.
tea for two
Frequent Poster
Posts: 4009 Joined: Sun Mar 24, 2002 12:00 am

Re: Thoughts on using a band name already taken

Post by zenguitar »

Tofu Fighters it is then :)

Andy :beamup:
User avatar
zenguitar
Moderator
Posts: 13295 Joined: Thu Dec 05, 2002 12:00 am Location: Devon
There is a profound African saying, "A white man who cannot dance is a victimless crime, whereas a white man with a djembe drum ..."

Re: Thoughts on using a band name already taken

Post by Dave.P »

zenguitar wrote: Tue Sep 05, 2023 7:31 pm Tofu Fighters it is then :)

Andy :beamup:

:clap:

or ZZ Tapas....
User avatar
Dave.P
Regular
Posts: 420 Joined: Thu Sep 14, 2017 5:53 pm Location: Scotland

Re: Thoughts on using a band name already taken

Post by tea for two »

:lol:

Marry a Lion : Marillion.
tea for two
Frequent Poster
Posts: 4009 Joined: Sun Mar 24, 2002 12:00 am

Re: Thoughts on using a band name already taken

Post by RichardT »

I genuinely thought the Kaiser Chiefs were called the Kaiser Chefs when I first heard of them. It’s a much better name, much more evocative.
RichardT
Longtime Poster
Posts: 6033 Joined: Fri Aug 13, 2004 12:00 am Location: UK

Re: Thoughts on using a band name already taken

Post by Gorodish »

Had that issue with my band Gamine, as there had been an 80s band in France with the same name. Not a problem per se - the bass player from the French band got in touch on Myspace (it was a while ago) to say hi and that he liked our tunes, but they were on a major label, so inevitably there were compilations and reissues. The problem is then trying to disentangle catalogues, claim names, separate bands on all the streaming / download / sales sites, which can be a total pain if you think you'll ever release something...
User avatar
Gorodish
Poster
Posts: 20 Joined: Wed Oct 30, 2002 12:00 am Location: London

Re: Thoughts on using a band name already taken

Post by tea for two »

Piles Mavis :lol: : Miles Davis.
Terry Uranus :lol: : Freddie Mercury.

I adore Freddie. Went to sotheby's in London to see the thousands of items from Freddie's collection being auctioned.
https://drive.google.com/file/d/1GxcFw6 ... p=drivesdk
tea for two
Frequent Poster
Posts: 4009 Joined: Sun Mar 24, 2002 12:00 am

Re: Thoughts on using a band name already taken

Post by jellyjim »

Lolz, thanks for the helpful and amusing replies y'all

A 'plus-sized' male friend always goes on about doing a Shirley Bassey tribute drag act called Burly Chassis

Ha! Good case in point. I hadn't thought of that story for a few years and I just checked and it also has been used

No the name doesn't particularly lend itself to swapping or omitting vowels, or misspellings, or breaking w into v v or changing u into v etc

I may as well out the name

'Daywalker'

The bassist likes gently ribbing me for having red hair, which his girlfriend also has, and he calls us 'daywalkers' which I think is a term from some vampire lore or other. I'm the frontman so it fits and it feels shoegaze/math rock, to us at least.

It was 'The Mighty Daywalker' for a bit but that seems less of a fit

The main uses appear to be a metal band and a hip-hop artist
User avatar
jellyjim
Frequent Poster
Posts: 1753 Joined: Wed May 15, 2002 12:00 am Location: uk
Original artwork and unique devices inspired by vintage technology http://www.thisisobsolete.com

Re: Thoughts on using a band name already taken

Post by tea for two »

jellyjim wrote: Wed Sep 06, 2023 10:02 am Lolz, thanks for the helpful and amusing replies y'all

If we don't laugh we will cry lol.

jellyjim wrote: Wed Sep 06, 2023 10:02 am I may as well out the name

'Daywalker'
'daywalkers' which I think is a term from some vampire lore or other.

I'm the frontman so it fits and it feels shoegaze/math rock, to us at least.

The main uses appear to be a metal band and a hip-hop artist

Aye Marvel comics Blade is a Daywalker : a vampire human hybrid that can walk in daylight unaffected by the sun. Wesley Snipes played Blade starting 1998.
Just never know with companies as Marvel they have lawyers to chase bands musicians with the name Daywalker.

A name as Daywalker I expected GothMetal VampireMetal.

I giggle searched DirtAmbler : not taken by any musician band.
For me DirtAmbler suits Shoegaze/MathRock more.
Last edited by tea for two on Wed Sep 06, 2023 4:43 pm, edited 4 times in total.
tea for two
Frequent Poster
Posts: 4009 Joined: Sun Mar 24, 2002 12:00 am

Re: Thoughts on using a band name already taken

Post by BigRedX »

IMO it really depends on how successful you and your band mates would like to be.

Certainly if you have any ambitions to release your songs even if it is just downloads on Bandcamp then I would suggest that you pick something as unique as possible. Not only does it avoid any costly litigation and/or name changing down the line, but most important of all it makes it easier for prospective fans to find you (and your music) on-line.
User avatar
BigRedX
Frequent Poster
Posts: 3124 Joined: Fri Sep 03, 2004 12:00 am

Re: Thoughts on using a band name already taken

Post by jellyjim »

tea for two wrote: Wed Sep 06, 2023 3:47 pm Aye Marvel comics Blade is a Daywalker : a vampire human hybrid that can walk in daylight unaffected by the sun. Wesley Snipes played Blade starting 1998.

Ah ... a big fat nopety nope to going anywhere near Marvel's IP :thumbdown::D

Hmmm ...
User avatar
jellyjim
Frequent Poster
Posts: 1753 Joined: Wed May 15, 2002 12:00 am Location: uk
Original artwork and unique devices inspired by vintage technology http://www.thisisobsolete.com

Re: Thoughts on using a band name already taken

Post by Drew Stephenson »

It also means you're very unlikely to be found unless people are really specific on their search terms.
On a related note I understand there's a new version of Blade coming soon so I'd expect both a silly focus on IP enforcement and a blizzard of Marvel marketing - none of which I think any of us would be in a position to keep up with! :D

(P.S. if anyone does have that kind of budget hanging around, I have a bridge to sell you. Er, I mean, an album to promote! ;) )
User avatar
Drew Stephenson
Apprentice Guru
Posts: 29715 Joined: Sun Jul 05, 2015 12:00 am Location: York
(The forumuser formerly known as Blinddrew)
Ignore the post count, I have no idea what I'm doing...
https://drewstephenson.bandcamp.com/

Re: Thoughts on using a band name already taken

Post by BigRedX »

Having been in a couple of bands with unique names as well as a couple who share the same name as several others, I know that in the future all my band names will be as unique as possible.

For one band I've still not been able untangle our music from others with the same name on Spotify.

On the other hand one of the bands with a unique name allowed me to discover that one of my posters for said band had been added to the V&A Museum's permanent collection!
User avatar
BigRedX
Frequent Poster
Posts: 3124 Joined: Fri Sep 03, 2004 12:00 am

Re: Thoughts on using a band name already taken

Post by Drew Stephenson »

BigRedX wrote: Wed Sep 06, 2023 5:28 pm On the other hand one of the bands with a unique name allowed me to discover that one of my posters for said band had been added to the V&A Museum's permanent collection!

You have to share that one! Please! :)
User avatar
Drew Stephenson
Apprentice Guru
Posts: 29715 Joined: Sun Jul 05, 2015 12:00 am Location: York
(The forumuser formerly known as Blinddrew)
Ignore the post count, I have no idea what I'm doing...
https://drewstephenson.bandcamp.com/

Re: Thoughts on using a band name already taken

Post by BigRedX »

Drew Stephenson wrote: Wed Sep 06, 2023 5:31 pm
BigRedX wrote: Wed Sep 06, 2023 5:28 pm On the other hand one of the bands with a unique name allowed me to discover that one of my posters for said band had been added to the V&A Museum's permanent collection!

You have to share that one! Please! :)

Here you go. Despite what it says in the description the poster actually dates from late 1984, and was designed by me and screen-printed by me with help from the band's singer.
User avatar
BigRedX
Frequent Poster
Posts: 3124 Joined: Fri Sep 03, 2004 12:00 am

Re: Thoughts on using a band name already taken

Post by Sam Spoons »

:clap::clap::clap: That's lovely :thumbup:
User avatar
Sam Spoons
Forum Aficionado
Posts: 22907 Joined: Thu Jan 23, 2003 12:00 am Location: Manchester UK
Still mourning the loss of my 'Jedi Poster" status :)

People often mistake me for a grown-up because of my age.

Re: Thoughts on using a band name already taken

Post by siderealxxx »

If you plan on releasing anything on digital services (eg Spotify), you really want a unique name.

It's a nightmare as an artist trying to ensure that no one releases anything under your profile, and also that you don't release under someone else's.

Worse however is when you're a consumer looking up a band you want to hear and there's four different ones with the same name. Which one is it?!

On an aside, Pink Floyd were famously named after the blues musicians Pink Anderson and Floyd Council. So I always thought it'd be great to call a band Anderson Council...

Of course there's four artists with this name on Spotify :lol:
User avatar
siderealxxx
Frequent Poster
Posts: 662 Joined: Sat Jan 24, 2009 12:00 am Location: Somerset
Excess makes the heart grow fonder

Re: Thoughts on using a band name already taken

Post by tea for two »

BigRedX wrote: Wed Sep 06, 2023 5:28 pm On the other hand one of the bands with a unique name allowed me to discover that one of my posters for said band had been added to the V&A Museum's permanent collection!


BigRedX wrote: Wed Sep 06, 2023 5:43 pmHere you go. Despite what it says in the description the poster actually dates from late 1984, and was designed by me and screen-printed by me with help from the band's singer.

Striking. Inventive.
Red tape and black tape :think:

When I see art as this as well as some street art, the Dutch famouse painters from centuries earlier would be wowed by the inventiveness.
tea for two
Frequent Poster
Posts: 4009 Joined: Sun Mar 24, 2002 12:00 am
Post Reply