General Music Chat

...then there was the Butthole Surfers...no one tried to steal that one, either...

...then there was the Butthole Surfers...no one tried to steal that one, either...

People will steal ANYTHING they believe they can make money off of.

Ain't it the sad sad truth?

About 25 years ago, there were no less than 6 acts touring with the name of either "The Coasters" or "The Drifters." I think there may have been ONE of them that had an actual member of the original act in it. Now don't quote me on that. It's my memory at work, & it's pretty fallible, but that's how I remember it. I know there were a bunch, more than just one or two, & those were the bands that were being plagiarized (if that's the right terminology).

Yeah, there's something to be said for trademarking one's band name, in spite of my poking fun.

About 25 years ago, there were no less than 6 acts touring with the name of either "The Coasters" or "The Drifters."

I can't remember the name now, but there is a lesser known group I had heard of.. but they were regionally successful... and they split up, and there are now THREE groups running around the country with the SAME NAME, and they are all locked in court cases over it, which may not even be heard for years, if delayed by motions and tricks... which is what is happening!

As an interesting aside...

That famous Che Guevara Image we have been discussing? It was taken by a Communist Photographer, so of course, there was no copyright protection for it. This allowed it to be copied and spread at will, for free, with the original photographer left only to watch. MILLIONS of copies were made and sold, without that photographer getting ONE PENNY. Worse still... someone else obtained legal rights to it later, since no one else had! This finally made the photographer fight in court for his rights, and he received a big judgement (not from Communist courts mind you!) but he was such a die-hard, he GAVE THE MONEY to charity in Cuba I think.

It is IRONIC that the infamous Che Guevara, hater of capitalism, would end up having his image bought and sold by the MILLIONS all throughout capitalist countries, making money... not for Communists... but for Democratic Peoples!


NOT TO MENTION THE SPOOFS OF HIS IMAGE:

ALL AVAILABLE ON T-SHIRTS!

Well, hell! Isn't that the communist way?



Kinda like these idjits what say that "music should be free."

The cost of getting a trade mark is the cheap part ... anyone with money can steel it ... it's up to you to defend it in court ... and that can cost big money. Unless you are somebody that has been building a brand and the brand is worth something ... then I wouldn't bother ... sounds like you're scrapping the bottom of the cookie jar to pay for the TM.

Prevost, you are exactly right but I'm afraid this an ego-building exercise for these guys, nothing more. As if copyrighting/trademarking their crappy product somehow validates and increases its worth. Baloney.

I agree with Prevost too but I have to say Jimmy.
What does it matter to you if folks want to try, have the money, have the imagination, have the verve, have the nerve, have the self faith?

I'm really glad you feel so elevated to believe your product superior enough to pass comment and judgment on others. Dear me if this place were a petri dish with fungi I'd mark it 'Not for human consumption'.

What a sad and vindictive place this has become, my word.

Prevost, you are exactly right but I'm afraid this an ego-building exercise for these guys, nothing more. As if copyrighting/trademarking their crappy product somehow validates and increases its worth. Baloney.

It doesn't matter at all what anyone does here. I couldn't care less.

FYI, let me define crap for you:

Anything I would pay money for - not crap
Anything I wouldn't pay money for - crap

Can you guess which bucket you fall in?

Mate I don't care either, say what you want, think what you think and all the other blahhhhhh. Sorry I dribbled. But childish really, slurp.....

You used to be one of the nice guys around here. How times and people change. My statement still rests. I'll say no more on it.
Have a great and wonderful day.

It doesn't matter at all what anyone does here. I couldn't care less.
FYI, let me define crap for you:
Anything I would pay money for - not crap
Anything I wouldn't pay money for - crap
Can you guess which bucket you fall in?

I'm afraid this an ego-building exercise for these guys, nothing more. As if copyrighting/trademarking their crappy product somehow validates and increases its worth. Baloney.

I don't think anyone here spends $1000 on an ego boost, when they could buy a new amp or some studio time with it instead.

There "IS" value in owning a Trademark, but it is an investment. One that has to be calculated out. A trademark is something I put off, because I was waiting for the right group of guys to get toether, so that, WE COULD ALL, have our names on it... now I realize that was a mistake. Having one of my former band members Trademark the name "I MADE UP" certainly has only done so much for HIM... as now, his band is falling apart at the seems it appears. But had "I" trademarked it, I would have maintained a great degree of control over it all, and we would probably still be playing together, and making really good money doing it.

So I think the trademark can be beneficial, just to protect the project FROM ITSELF! - LOL - But this only works, IF YOU, are the lifeblood of the thing, and are not so easily replaced (and hint: EVERYONE can be replaced - It just takes longer for some to be)

The disunity and disloyalty in my old band would have NEVER gotten as far as it did, if I had registered the Trademark myself. The band bought into the STUPID notion, that the name itself, held some power, when in fact, it was the ART and HARD WORK, behind the name, that made the name something. But if you have the skills and hard work to build up something solid and profitable, WHY WOULD YOU NOT PROTECT IT?

Should no one get copyrights to their songs either?

Maybe we shouldn't have deeds to houses either?

If you are a lame and lazy musician, or have nothing ORIGINAL in your project... by all means... listen to Jimmy.

If you are in a WORKING BAND that can sell CD's and Merch and be known, even just REGIONALLY, then PROTECT YOURSELF!

Prevost and Jimmy DO NOT KNOW what they are talking about, in this particular matter.

In fact, just to emphasize... I even lost my MySpace and the 10,000 people I personally signed up on it, for a long while, because all my OLD BAND had to do, was to direct MySpace reps to the government trademark database, and SHOW THEM that they "held the Trademark" to the name of the band. even though I had already taken EVERYTHING with that name, off the site already, still, the SITE WAS ORIGINALLY SIGNED UP with the band name, and so they (MySpace)accepted that site was the OFFICIAL BAND SITE and removed it from MySpace simply at the request of my former band, who showed them a little LINK that took them to the government trademark site. It took MONTHS of harrassing MySpace and detailing my case, to have that site (and my 10,000 friends) restored.


If you take your music and musical career seriously... PROTECT IT!

If you are a hobbyist... don't waste your money.

IT'S A SIMPLE CALCULATION REALLY!

Mate I don't care either, say what you want, think what you think and all the other blahhhhhh. Sorry I dribbled. But childish really, slurp.....

You used to be one of the nice guys around here. How times and people change. My statement still rests. I'll say no more on it.
Have a great and wonderful day.

It doesn't matter at all what anyone does here. I couldn't care less.
FYI, let me define crap for you:
Anything I would pay money for - not crap
Anything I wouldn't pay money for - crap
Can you guess which bucket you fall in?

Sorry Mark, I meant the general you, not the Chippy you. Of course you're great

Prevost and Jimmy DO NOT KNOW what they are talking about, in this particular matter.

I should CLARIFY this remark.

They are right, of course, that the majority of bands will never make it, and thus, trademarking a failure, would be a waste of money.

However, if you are dedicated, and are determined to be one of the success stories, then OBVIOUSLY, this would not apply to you. If you have something ORIGINAL worthy protecting... PROTECT IT!!!

And Prevost is right, in one sense, that you could spend more time and resources in COURT defending your trademark, but by definition... this would only occur, if the trademark was ALREADY HUGE and OUT THERE, making money! In that case, it would be WORTH getting your fair share, wouldn't it?

And even like the Windshield Wiper guy, who defended himself in court to defend his patent on the windshield wiper... the big car makers offered him MILLIONS to settle, well before, he took it as far as he finally did. He wanted them to ADMIT they were wrong. He could have instead, taken the MILLIONS in settlements offered, and given his family a very nice life.

If someone makes you go to court over and over, it is because there is a FORTUNE to be made, or already BEING MADE, off your trademark. There are no shortage of law firms, that would help you get your money and defend your rights, and take half the judgement in lieu of paying them a retainer.

But to have any chance at a big pay-off from your wonderful creation, you should begin with:

A LEGAL TRADEMARK!

And Prevost is right, in one sense, that you could spend more time and resources in COURT defending your trademark, but by definition... this would only occur, if the trademark was ALREADY HUGE and OUT THERE, making money! In that case, it would be WORTH getting your fair share, wouldn't it?

I guess you've never played in the court system Craig ...

You have to have the resources (money) to see it through the courts ... otherwise you get nothing. There are lots of way to legally circumvent the TM law if you have the money to burn. and the other guy doesn't ... same goes for patents. A patent and a TM are only as good as the money required to defend it.

A TM doesn't have to be "huge or worth money" for a company wanted the TM name. The TM name could say something about a product that they are about to release or WHY and they use the name and you have to pay to defend it .... that could take forever and a lot of money ... than when the company knows that you are about to go broke from legal bills ... they settle with you ... for peanuts and end up with the TM as part of the settlement ..... It's done all the time.

So you see Craig unless the TM is a brand that has value and has the where-with-all (money) to defend it ... as a posed to what the OP stated ... which is a TM of no value and no means to defend it ... it's a waste of money .. you might as well grab your $1K and throw it down the toilet ....

Well I'm glad that's sorted!

@ Jimmy. No worries. Like, Dislike don't matter to me, it's about me. Keep well Dude.
As for other things on here? Why the heck is this soooooo complicated?

If I were back home I wouldn't even think about copyrights.