Subject: [Harp-L] What's in a name

[EGS1217@xxxxxxx]

Logic would seem to dictate that you DO need to find out just exactly which  
group pre-dated the other (incorporated first)...since that's what'll 
determine  just who gets to keep the name....
 
..if you've both established a following it gets difficult and murky, but  
one group should immediately alter the name in some way...("New  Jetstream"?  
.WH Jetstream (for woodland hills)....'Jetstream  Players'  ....something to 
distinguish one from the other....especially if  it confuses patrons booking a 
New Year outing for one group who really want to  see the other...since that 
could get awfully sticky...
 
AFAIK the law might come down on the side of whichever group first  performed 
publicly under that name if neither copyrighted it.
 
Elizabeth
 
Message: 13
Date: Sat, 20 Dec 2008 10:55:27 -0800 (PST)
From: David  Fertig <drfertig@xxxxxxxxx>
Subject: [Harp-L] What's in a name
To:  harp-l@xxxxxxxxxx

Colleagues, I seek some practical and legal  guidance.  We started a band in 
August of 2007, called Jetstream.  Not  an original name, not my idea, but...  
 

We play rockin' blues at  local dives, and we have been pretty succesful in 
getting decent gigs every  month or so, (hell, getting paid for any gig in 
SoCal is pretty good!!)  

Now it appears a young rock band here in SoCal has the same name.   Hard to 
say which predated the other.  The kiddie jetstream may have legs,  they are 
getting good press and play more gigs than us (they don't appear old  enough to 
need day jobs!) 

And we both have New Years Eve gigs (they at  Canyon Club, us at a mall 
restaurant/pool hall, "The Rack" in Woodland  hills.  OK, so we're not proud.)   
This has led to some very  minor confusion, which of course underlies the legal 
issue of  usurpation.

And, jus' cause I'm a lawyer don't mean I know the law  here!

Any guidance on the practical AND legal issues?   

Thanks!
-Dave Fertig  


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