Interesting piece published in IP Watchdog recently recommending that bands and musical acts trademark and record name use as early as possible in their career.
The outlet recently spoke to Craig Newby a partner at McDonald Carano Wilson LLC in Nevada, to discuss the importance of trademarking a rock band’s name.
Here’s a taste of the article, …Newby is a skilled litigator and business counselor with particular experience in handling the requirements of complex commercial litigation, including cost-effective discovery and fact investigation, strategic motion practice, settlement from strength, and trial.
“Similar to anyone wanting to establish a mark, a rock band needs to protect its name as soon as it is actually used,” he explained. “All else equal, a band should seek a name that is inherently distinctive, such that it qualifies for a high degree of trademark protection.”
The more unique the name, the greater the degree of trademark protection, but also the more the name will stand out and set the band apart from others, which is generally the goal. “Typically you don’t want to pick a name that is difficult to remember, pronounce or spell, but you want something that is easily memorable,” says Gene Quinn, founder of IPWatchdog.com and a one-time independent record label executive. “Bands really must also give thought to whether they will be able to obtain reasonable social media usernames and a website that meshes with the band name they want to trademark.