question, please.

JediJoeJediJoe Opening Act
edited April 2010 in The Rock Band Network
Okay, so my band, Pilot (shameless plugs to myspace and facebook) is named Pilot, (obviously).

Anyways, my question is that i recently found out that there is a band from 1975 that is also called Pilot. Would we have to change our name to be represented on the RBN, even though I'm fairly sure the "other" Pilot isn't and hasn't been relevant for quite some time now?

any input or answers are appreciated, thank you!

also, if you check out the band and want to say something about it, please refer to this thread (another shameless plug, i know)

Thank you for your time.

Comments

  • davidshekdavidshek Community Playtester
    edited April 2010
    JediJoe;3619022 said:
    Anyways, my question is that i recently found out that there is a band from 1975 that is also called Pilot. Would we have to change our name to be represented on the RBN, even though I'm fairly sure the "other" Pilot isn't and hasn't been relevant for quite some time now?
    Regardless of whether you think they're still relevant or not, you're going to run into legal issues if you try to use that name, and not just on RBN. Specifically, trademark issues. Considering the fact that they had a worldwide deal with EMI, you can be damn sure that EMI trademarked the name. Pilot just re-recorded their original album in 2002, and have had songs on movie soundtracks as recently as 2007.

    I'd say you should probably go ahead and change the name of your band now before you get too attached to it.
  • JediJoeJediJoe Opening Act
    edited April 2010
    Alrighty, thank you for the answer
  • GeneralGilliamGeneralGilliam Opening Act
    edited April 2010
    yeah, basically, if a band has not released any new material, made any public announcement on any projects or had any materials used in a big production in over 10 years, their name is up for grabs.
  • jawillroyjawillroy Rising Star
    edited April 2010
    There was a band in western Mass back in the late 80's called Beatrice. The big conglomerate by the same name sent a cease and desist. They changed the name to Beatrice U.T.B..

    I don't see why Pilot U.T.B. wouldn't work. ;) But then, I'm not a trademark lawyer.
  • JediJoeJediJoe Opening Act
    edited April 2010
  • davidshekdavidshek Community Playtester
    edited April 2010
    GeneralGilliam;3619132 said:
    yeah, basically, if a band has not released any new material, made any public announcement on any projects or had any materials used in a big production in over 10 years, their name is up for grabs.
    While it's true that trademarks in the U.S. are registered in 10-year periods, non-use for three consecutive years is prima facie evidence of abandonment. But they don't have to make any big public announcements to keep the trademark. All they have to do is continue to use the trademark to identify their goods or services; a CD in a store with their name on it, for example.
  • roderunner1919roderunner1919 Unsigned
    edited April 2010
    You could be Pile It. Or Pie Lit.

    I know, it's dumb.
  • jawillroyjawillroy Rising Star
    edited April 2010
    JediJoe;3619192 said:
    what is U.T.B?
    Up The Butt, JediJoe. Up The Butt.
  • JediJoeJediJoe Opening Act
    edited April 2010
    Riiiiight, lol. well, the band members and i were talkign last night, and we were thinking Pil0t, you know, with a zero? would that work?
  • davidshekdavidshek Community Playtester
    edited April 2010
    JediJoe;3620003 said:
    Riiiiight, lol. well, the band members and i were talkign last night, and we were thinking Pil0t, you know, with a zero? would that work?
    Nope. Anything that can be confused with the registered trademark is right out. If you were say, a construction business, that would be different, since nobody could possibly confuse a construction company with a band. But since you are both bands, that's not gonna fly.

    Get it? Fly? Pilot! I made a funny...


    Anyway, yeah, you're going to have to find a new name. A name that isn't "Pilot". It can have "pilot" in it, but can't be simply "pilot". I know it sucks having to do that, I've been there before. But it's better to do it now before you've become really attached to it. And obviously you already knew that another band was using that name even if it wasn't the major-signed Pilot, since when you created your Myspace page, you saw that there was a "pilotband" page on Myspace that was created 3 years before you created your "pilotbnd" page.
  • JediJoeJediJoe Opening Act
    edited April 2010
    Alright, we'll keep brainstorming, thank you
  • GeneralGilliamGeneralGilliam Opening Act
    edited April 2010
    JediJoe;3620150 said:
    Alright, we'll keep brainstorming, thank you
    You could always go with The Pilots, that's what a lot of bands do to avoid these issues, they just add the and make it plural.
  • JediJoeJediJoe Opening Act
    edited April 2010
    i know i'm asking a lot of questions, and i'm sorry for that. but would The Pilot Band work?
Sign In or Register to comment.