solipsistnation: (tele love fest)
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How long does a band have to not exist before you can steal their name?

(no subject)

Date: 2004-03-31 06:39 pm (UTC)
zotz: (Default)
From: [personal profile] zotz
In Nirvana's case, 20 years wasn't enough. However, they need top be able to claim that they suffered some loss by your appropriation. If nobody's ever heard of them, then you're probably safe. They can't invoke copyright law, after all.

(no subject)

Date: 2004-03-31 08:30 pm (UTC)
From: [identity profile] ninjarat.livejournal.com
Perhaps not, and in fact not, as band names cannot be Copyrighted, though a band's logo can be Copyrighted. But they may be able to invoke Trademark law. Band names are Trademarks, and even under common law, the misappropriation of a band's name and Trademark may be actionable.

As always, consult a lawyer when in doubt regarding legal matters.

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