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I am the lead singer and the founder of a succesfull tribute…

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I am the lead singer...
I am the lead singer and the founder of a succesfull tribute band that has recently split up. myself and the female lead vocalist are starting over with new musicians and want to keep our name. I have recently discovered that the musicians from the band are going to keep the gigs we had booked for the remainder of the year with two new lead vocalists, this in itself is not a problem, but we want them to change their name. We have a good reputation with venues and fans but are concerned that our reputation could be shattered with the use of two new singers - the public will not be getting the tribute band they booked - it would be like going to see Oasis but not getting Liam and Noel - where do we stand legally?
Submitted: 8 years ago.Category: Entertainment
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Answered in 3 hours by:
6/25/2010
Entertainment Expert: Hugh, Composer, Producer and Performer replied 8 years ago
Hugh
Hugh, Composer, Producer and Performer
Category: Entertainment
Satisfied Customers: 59
Experience: 20 years experience in performing, studio sessions, producing, composing, entertainment management.
Verified

Hello. Thanks for your question.

 

This can get tricky, especially if you don't have a prior agreement put in place that outlines who can use the band name upon members leaving.

 

Many lawsuits have been brought forth on this very subject through the years. Sublime, Jefferson Starship...the list is endless. It typically comes down to who actually owns the rights to the name, typically in the form of a trademark. The late Brad Nowell of Sublime is an example. They blocked the use of any of the other members using Sublime, because he/his estate owned the trademark.

 

However, with no agreement, it often can come down to how much the members contributed to the band through "artistic control;" typically through writing or producing the songs, or members who have been in the band for the duration and/or had significant impact on the public as the "identity" of the band.

 

Note that I am not an intellectual rights attorney. If you want further and specific information pertaining to this subject, please seek the advice of one!

 

Thanks!
Hugh

 

 

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