Possible Issue With Starting My Business

[KingHippo]

So basically I got my LLC package back. Supposedly there was a check to see if I could use the name and it came out ok. Now I find out today when trying to obtain a MySpace URL that the name of my company is the name of an unsigned band that just came out.

Now, what would you guys do here? Since they are just a bunch of teenagers in another state and are unsigned, I don't think they have the trademark. I'm guessing I need to go for the federal level trademark now right? Or is it possible to have an IT company with a certain name but also a band with the same name and not have legal problems? Also, if I get the trademark, do you think MySpace will give me the MySpace URL?

[vangogh]

I'm guessing you're right that they don't have a trademark. I doubt MySpace will give you the name. Maybe if you get the Federal trademar you could force them to give you the name, but I would think that's more trouble than it's worth.

Two ideas:

1. The simplest solution is just to find another MySpace URL. I think you can still brand that URL with any name you want and I don't think it will be too big a deal not having the exact URL you want.

2. You could do this at anytime. If this really is a bunch of teenagers then in all likelihood their band will last a little past graduation. You could always offer to buy it now or in the future. I'm not sure how you'd work the deal, but it might not require much money.

[KingHippo]

Originally Posted by vangogh

I'm guessing you're right that they don't have a trademark. I doubt MySpace will give you the name. Maybe if you get the Federal trademar you could force them to give you the name, but I would think that's more trouble than it's worth.

Two ideas:

1. The simplest solution is just to find another MySpace URL. I think you can still brand that URL with any name you want and I don't think it will be too big a deal not having the exact URL you want.

2. You could do this at anytime. If this really is a bunch of teenagers then in all likelihood their band will last a little past graduation. You could always offer to buy it now or in the future. I'm not sure how you'd work the deal, but it might not require much money.

Thanks. I'm really glad that I snatched up the "real web addresses" before they did. I'm definitely going to file for a trademark now. I suppose not having an exact URL on MySpace isn't the end of the world but it definitely wouldn't hurt having it. I will read the MySpace TOS and see if I can do anything.

[Evan]

Since they are just a bunch of teenagers in another state and are unsigned, I don't think they have the trademark. I'm guessing I need to go for the federal level trademark now right?

Correct.

Or is it possible to have an IT company with a certain name but also a band with the same name and not have legal problems?

Yes. No reason why you couldn't open "Dell Pizzeria", "Citi Bar & Grille", "Dave, Buster & Jones, Attorneys-at-Law", etc.

Also, if I get the trademark, do you think MySpace will give me the MySpace URL?

Not unless you serve them paperwork for a trademark violation. Otherwise, they have biggest issues to deal with.