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
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.
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