what does if matter if certain name are taken if they're no name bands that haven't gotten anywhere.. It should all be free game until someone makes a name for themselves or gets endorsements, management or record deal.
From the article:
Lawyers say that has raised the stakes in trademark disputes, which almost always hinge on which band first used the name commercially, and where.
"If 37 people in California logged on to your MySpace page last month, you can argue that you provide goods or services in California," even if you're a Connecticut band who hasn't released an album or toured out of state, says Atlanta lawyer Joel R. Feldman of Greenberg Traurig LLP.
Andy: The band has had a few different names over the years. When we started, we were Teddy Bear Suicide, but then we changed it to Mouse Rat. Then we were God Hates Figs, Department of Homeland Obscurity, Flames for Flames, Muscle Confusion, Nothing Rhymes With Orange, then Everything Rhymes With Orange, Punch Face Champions, Rad Wagon, Puppy Pendulum, Possum Pendulum, Penis Pendulum, Handrail Suicide, Angel Snack, Just the Tip, Threeskin... [long pause] Oh, Jet Black Pope. We went back to Mouse Rat, and now we are Scarecrow Boat. God, when I hear myself say Scarecrow Boat out loud I kinda hate it...
I don't get why bands would get upset about other bands having the same name. As long as its not done trying to capitlize on the other bands success just let it be. What are people going to get upset at next, the fact that someone wrote a song with the same name as you?
It could get quite confusing ... a band's name is meant to identify them. If there are 6 different bands with the same name, this gets even more difficult.