another jerk off band...

gavin - 10-13-2010 at 04:20 PM

using my bands name...or close enough to it.
so far there was a badvibes, one word so it's "not the same"...they were a faggot white boy blues band from chicago...they have since stopped playing
there is a "the bad vibes" who is a cover band with a female singer who do the worst version of "dont stop believing"i have ever heard....i dont mind this so much as i find it funny in an odd way.
now there is one from az. called "bad vibe"
these dudes are a "hardcore" band apparently

use google for fucks sake.
get an original idea people
christ

JawnDiablo - 10-13-2010 at 05:43 PM

i think there was one from the 60s as well but not sure

gavin - 10-13-2010 at 05:50 PM

well if there was one from the 60's, i dont know of it
as far as i knew at the time, no one had the name and all these bands came way after we had been playing and had out product
and i didnt care all that much most of the time
but some "hardcore" band using the name "bad vibe" is bullshit in my opinion
total bullshit

JawnDiablo - 10-13-2010 at 06:00 PM

if you wanna round them gays up and stomp em I'll put my shoes on and come pick ya up later......

BDx13 - 10-13-2010 at 06:01 PM

i know it's not very punk rock thing to do, but did you trademark the name?

gavin - 10-13-2010 at 06:05 PM

well, from what i understood, once you have legit product out under the name, there is some sort of automatic copyright deal.
the cocksucking label we dealt with was supposed to look into it at the time when the chicago band was using it
i told em to not worry about it as we had stuff out before they were even playing at all
and i emailed dude at the time, like 3 times a week, telling him he was a douchebag and his band sucked

JawnDiablo - 10-13-2010 at 06:06 PM

i think i made a mistake with that one about the 60s.....my bad.
i just looked it up.
it was listed improperly

barc0debaby - 10-13-2010 at 06:27 PM

Anyone hear the other Wisdom In Chains? I guess they've been around since 92, but if you suck the better band is entitled to the name.

http://www.myspace.com/wisdomtildeath

Mad Joe ain't got shit on Mad Red!

JawnDiablo - 10-13-2010 at 06:34 PM

here's a stupid story, but I can't resist.
there was a Upper Darby band consisting of a bunch of old head metal dudes called Dysphoria (sp)
these dudes, haha they were comical dudes, nice as hell, but i digress.....
and then there's the other band Dysphoria (sp) who were a hardcore style band from what I remember.....
anyway,
Bezzie, the singer comes in the tattoo shop with a flyer for some big hardcore metal shin dig and is like, look we're playing this.....
the dudes were a little fried to say the least......
but, they packed their shit and drove out to bumblefuck to play it!!
half jokingly, half kinda foreal

Mark Lind - 10-13-2010 at 07:37 PM

Quote:

Originally posted by gavin
well, from what i understood, once you have legit product out under the name, there is some sort of automatic copyright deal.
the cocksucking label we dealt with was supposed to look into it at the time when the chicago band was using it
i told em to not worry about it as we had stuff out before they were even playing at all
and i emailed dude at the time, like 3 times a week, telling him he was a douchebag and his band sucked

This is true but you may need to jump through hoops to get the rights back. There's a band that we all know that doesn't own its own name. Technically Ed Hardy owns this bands' name and has the exclusive rights to manufacture clothing and merchandise bearing the band's name. The band existed long before Ed Hardy registered the trademark but in order for them to win this back they will have to appeal and appeal again to the office of copyrights and it will be an ordeal for them to get the rights back. Truth be told, I'm not even sure if they realize that they are violating a trademark by existing. But I'm not about to tell them.

gavin - 10-13-2010 at 08:04 PM

i dont even know if i care cuz this band will be gone in less than a year, when they get too old or too cool for hardcore or whatever they think they are playing.
and we'll still be playin....
so fuck em

gavin - 10-13-2010 at 08:14 PM

i know there is a technicality that if the name is in anyway different, it's ok to use
so these dudes can use "bad vibe" even though i have whatever right i may have to "the bad vibes"

but i just think it's fucking queer and lame
i dont expect them to have heard of us by any means
but fuckin do a google search and realize that using any form of someone elses name is fucking weak

like one of mark's bands was called "the ducky boys"
then some new band comes along and calls themselves "duckyboy"
now, this new band could be the new beatles but i would never know cuz they are fuckin lame right off the bat for not comin up with their own shit

Vanilla Gorilla - 10-13-2010 at 09:20 PM

Quote:

Originally posted by juandiablo
if you wanna round them gays up and stomp em I'll put my shoes on and come pick ya up later......

This is probably the best way. Please take pictures.

barc0debaby - 10-13-2010 at 09:30 PM

Quote:

Originally posted by juandiablo
if you wanna round them gays up and stomp em I'll put my shoes on and come pick ya up later......

That is the greatest out of context quote in thorp history.

Discipline - 10-13-2010 at 10:03 PM

I've never understood why people don't look into a name before they pick it. In this day of everything in the world being on the internet you can find out in about five minutes whether or not somebody is using it.

I used to email/annoy bands on myspace that used names that were already taken. There was a Murphy's Law in Vancouver, and another somewhere else. I saw a few variations of Anti-Heroes too.

JawnDiablo - 10-13-2010 at 10:22 PM

I think it is dumb just to have a band name that is kind of close to an already established band's name
for example:
Motorhead
Machine Head

Sheer Terror
Terror

Obituary
The Obituaries

I think there is also a rapper named Madball.......

JawnDiablo - 10-13-2010 at 10:23 PM

Quote:

Originally posted by Vanilla Gorilla

Quote:

Originally posted by juandiablo
if you wanna round them gays up and stomp em I'll put my shoes on and come pick ya up later......

This is probably the best way. Please take pictures.

I'm bluffing.
I don't even think my car will make it to where Geoff lives right now

tireironsaint - 10-13-2010 at 11:12 PM

I'm kinda torn on the name issue. On the one hand, I hate it when some shitty band tries to use the same name or a slight variation of a good band I'm familiar with, but at the same time, I kinda feel like if a band has a great name and only ends up putting out a 7 incher and a comp track or two before calling it quits that the name should be open season again. I mean honestly, how many totally new names can there be at this point? Aside from ridiculous shit that nobody with any sense really wants to use...

lifeisabitch - 10-13-2010 at 11:29 PM

Saint how long did it take us to come up with crime pays...
and we killed it with just a demo and some live shows.
I think I'd be pissed if someone came along and started using it...

tireironsaint - 10-13-2010 at 11:41 PM

I was thinking of those discussions we had when I wrote that last comment, but from a different angle. I remember what a pain in the ass it was to come up with anything that wasn't claimed by someone somewhere, no matter how ridiculous the name. I think it'd be kinda funny if somebody used that name at this point, but I'd probably be annoyed if they sucked.

Colin - 10-14-2010 at 02:52 AM

Quote:

Originally posted by gavin
using my bands name...or close enough to it.
so far there was a badvibes, one word so it's "not the same"...they were a faggot white boy blues band from chicago...they have since stopped playing
there is a "the bad vibes" who is a cover band with a female singer who do the worst version of "dont stop believing"i have ever heard....i dont mind this so much as i find it funny in an odd way.
now there is one from az. called "bad vibe"
these dudes are a "hardcore" band apparently

use google for fucks sake.
get an original idea people
christ

oh no, the "don't Stop Believing" video....I wonder what possessed them to choose that name

JawnDiablo - 10-14-2010 at 10:48 AM

Geoff, how are things going with it all lately?
Itching to see you guys out again

mattybar - 10-14-2010 at 11:04 AM

not sure where you are from Gavin but could you maybe put something after the name like 'bad vibes nyc'??
(not that you're necessarily from NYC but you get my point).

the problem with hardcore bands is a lot them just have well known phrases as the name of a band. unless you literally make a word up or coin your own phrase, there's always gonna be the possibility of someone else using it.

Death Before Dishonor for example.
There's a ton of bands called Section 8.
Even if they started in 92, I can't believe there's another band called Wisdom In Chains!

On a sidenote related to the whole band name thing, Sworn Enemy were initally called Mindset but I thought they changed the name due to some legal bullshit. But now there is some sxe band called Mindset...?

NY's Irate had to call it a day because of some dodgy nu-metal band with the same name.

gavin - 10-14-2010 at 11:14 AM

matty...i hear what you're saying, but no...i'm not puttin shit after the name....that name is ours...some queer hardcore band can use some variation of it if they are ok with the fact that they are using someone elses deal.
i personally would not be able to do such.
i'm not changin shit.
we used the name since 1999 or so...before any of these other bands used it
so whatever
and like i said, they will be done playing in 10 mins anyway
and we'll still be here

joey - 10-14-2010 at 03:46 PM

Did you guys record a new demo?
Would buy

gavin - 10-14-2010 at 03:52 PM

Quote:

Originally posted by joey
Did you guys record a new demo?
Would buy

not yet
well, me and mark recorded a really rough deal in his living room with a drum machine that you can hear on the facebook page deal.
we have a bunch of new songs but no drummer as of now
this MAY be changing soon
there is a possible drummer
we"ll see

Spoiler - 10-14-2010 at 09:14 PM

Spoiler - 10-14-2010 at 09:25 PM

this gay ass band is using the name Antiseen as one of their song titles

Vanilla Gorilla - 10-14-2010 at 09:37 PM

Quote:

Originally posted by Spoiler
this gay ass band is using the name Antiseen as one of their song titles

So fuckin bad, there are just no redeeming qualities in that.

lifeisabitch - 10-14-2010 at 10:00 PM

Quote:

Originally posted by Spoiler

my fucking ears.... Jesus dude you gotta warn somebody about how bad something is before just posting it...

JawnDiablo - 10-14-2010 at 11:14 PM

why dudes?.......why?

Mark Lind - 10-15-2010 at 09:55 AM

Quote:

Originally posted by gavin
i know there is a technicality that if the name is in anyway different, it's ok to use
so these dudes can use "bad vibe" even though i have whatever right i may have to "the bad vibes"

but i just think it's fucking queer and lame
i dont expect them to have heard of us by any means
but fuckin do a google search and realize that using any form of someone elses name is fucking weak

like one of mark's bands was called "the ducky boys"
then some new band comes along and calls themselves "duckyboy"
now, this new band could be the new beatles but i would never know cuz they are fuckin lame right off the bat for not comin up with their own shit

Actually that's not true either. If you own a band name then another band can't use one even remotely like it. Anything that would potentially cause confusion in the market is off limits. As an example, look at the American Nightmare fiasco. They tried to change their name to AN and it was refused. They tried American Nothing and that was refused too. Eventually they had to settle on Give Up the Ghost.

There are several bands out there called Ducky Boys. There were two before us that we were unaware of at the time but it's unquestionable that we're the one that is the established act. If another band came out as Ducky Boy or Ducky Boyz then I could technically put a cease and desist on it. But I just don't really care. There can be 50 Ducky Boys for all I care. We're a specialty market band and it's not like they're calling themselves Metallika and competing with a band that really matters in the world.

Another example is the band Burn Halo. I'm friends with a band called Haloburn. They slapped a cease and desist on Burn Halo for causing confusion in the market (these guys actually had a trademark on the name). Burn Halo had to settle with them for the rights to continue with their name.

All of this stuff is fascinating to me in ways that some people care about sports stats.

Another interesting example is the name Apple. Apple is the name of the Beatles' production company. And then 10 years later a small computer company named themselves after the Beatles. There were major lawsuits over this and Apple Computers were unable to have anything to do with music or else it would cause confusion in the market. So you can imagine what happened when iTunes and the iPod were invented. Needless to say the Beatles made some serious money from it and eventually allowed the Apple name to be awarded to the computer company in exchange for a healthy chunk of change and the rights to continue as Apple Productions indefinitely.

Johnny_Whistle - 10-15-2010 at 10:23 AM

Quote:

Originally posted by lifeisabitch
my fucking ears.... Jesus dude you gotta warn somebody about how bad something is before just posting it...

That was taped at the All Asia in Cambridge? I'm surprised, they usually have better bands than that there.