Ironically, no one has EVER thought to reuse this band's name in 21 years.
They have a great song titled ""Beating up Hippies for their Drugs at a Phish Concert""
There are other Dead Ahead's out there. ones with actual websites, were not the only one. does that bother me? no. ITS JUST A BAND NAME! we are not playing the shorline or red rocks or at a jai alai somewhere, lol. we are 4 guys just playing around cleveland! Bands like them don't spend needless hours and money on lawyers to go after 4 guys playing at a dive bar, that just doesn't make any sense....its not practical. If we were trying to sell tickets and t-shirts or merch then i could see a problem, but were not.

Looks like the old "Other people are doing it, so it's OK" defense. Somewhere along my "path to enlightenment", I came to the conclusion that this is a very weak defense.
I fail to see why you would be surprised
but when you air your dirty laundry in public, there will always be those who sneer, sometimes, um, directly.
"Other people are doing it, so it's OK"
Not that I'm dying to jump into what is obviously someone else's fray

Further, and completely inappropriately, can you offer some free advice? Specifically, if a band (not mine) has operated for years under a name that another band has subsequently trademarked, is the band that doesn't hold the mark liable for infringement if they continue using the name under the law? This is an ongoing argument I'm engaged in on a music board... I seem to be arguing that they are, indeed, liable and obligated to cease use of the name.
As for your question, if all this is in the United States the prior user of the band name would have the right to continue using the name in the areas where they actually used and had a reputation prior to the second user registering the name at the Trademark Office. Depending on how old the second user's trademark registration is, the prior user of the name might actually be able to cancel the second user's trademark registration and file suit in court to prevent them from continuing to use the name. This is all general information; we should talk and you can give me more details and I would be happy to tell you more.

LazyLightnin wrote:Looks like the old "Other people are doing it, so it's OK" defense. Somewhere along my "path to enlightenment", I came to the conclusion that this is a very weak defense.
where do some of you come up with logic like this? how does critiquing my writing and being so self serving in this comment help anybody but yourself?
why would you come in here, state the obvious and come off as pretentious as you have?
you are not a trademark expert,
all of a sudden all these "experts" come crawling outta the woodwork just to tell me I'm wrong and then when i don't act , do or say what you want me to you just needlessly bash me? how is that logical at all?
what are you getting out of this?
, because your not proving anything and if you choose to dialogue with me in such a manner as that then i wont even consider your argument.
why should i listen to what you have to say
if you won't afford me the same level of respect that i give you?
so you just assume that the other band is exempt from inquiring about the name? they never asked me about it and i've used it since before their trademark, as the other Dead Aheads have. apparently they didn't follow the logic you show neither. so all the other dead aheads have to change what they've been doing since who knows when just because some big names say it is so?
wouldn't it be class of them to at least ask, inquire or make an offer for the title?
does it not seem like a strongarm power move? aren't they saying screw all those other guys already using the band name, we're gonna use it now? isn't that stealing?
you don't see that as being "jerky to another artist/band"? how would you feel if someone just pulled the carpet out from under your feet like that? i bet you wouldn't like it and would want to argue your point, or would you just subserviently go about your business following the "suggestions" that a handful of people gave? where is the logic in this?
where does it say that i was surprised? I was surprised that someone would go to such lengths as name calling and finger pointing.
yes, yes, what is your point? so you stopped by just to state the obvious and raise a dust cloud in here? why poke a dead horse with a stick other than to make self serving commentary? i hope you feel better, i hope you can sleep at night - i know i can.
as far as you know i could be the first person to use the name, i obviously used it before the other band. i am the "other people" not the other way around. again backwards.
the situation is like paradigm, no one has the correct answer. you are assuming that the other band is doing all good all the time, but that is not the case, human nature doesn't allow for it. not only that but you are assuming that i am at fault for something which i am not.
why don't you talk about music and guitar with me instead of theorizing a moot point?

Pretentious? You brought up the "path to enlightenment".
Oh, I don't know, to stop the whining maybe?
you are not a trademark expert
just needlessly bash me?
what are you getting out of this?
Nothing, obviously. Same as you.
but at some point I find it difficult to hold my tongue.
[Again, you seem to know what I do and don't know. This is the second time in this thread that this has happened, and has happened other times on this board. It truly is amazing how some of you know exactly what it is that I do and don't know. Please, for the sake of the other posters here, run down my resume for them to enlighten them as to what it is that I do and don't know. I will find that entertaining/quote]
all of this is completely irrelevant. you obviously play an instrument and like the Dead. i dont need/want to know anything more about you. A vain and selfish attempt to make this about YOU, which it is not.Wow, two more times you know what I am thinking! This is just amazing. Especially in light of the fact that nothing in my post would indicate that I am assuming either of those things. Wait, quick, tell me what my grandmother's birthday was! I know you know it! Come on and impress me. In fact, if you can tell me either grandmother's birthday, I'll agree that you are right on all counts. Deal?
needless ridiculous fluff.But I do wonder why you bothered to ask in the first place.
how could you possibly wonder that? didnt you read my very first post? im not repeating it again..Him: As for your question, if all this is in the United States the prior user of the band name would have the right to continue using the name in the areas where they actually used and had a reputation prior to the second user registering the name at the Trademark Office. Depending on how old the second user's trademark registration is, the prior user of the name might actually be able to cancel the second user's trademark registration and file suit in court to prevent them from continuing to use the name. This is all general information; we should talk and you can give me more details and I would be happy to tell you more.
So... looks like it may be the Schwag who are screwed!
this is exactly what my legal adviser told me. i rest on that conclusion.RiverRat: So now there is NO Chance you can claim ignorance of the facts... this thread will prove that you deliberately AND maliciously infringed on their legal trademark.
totally innacurate. also the decisions and legal ramifications are really none of your business. i asked for advice, it turned into a discussion and a conclusion was made - nothing more.
It really seems like you have it in for me. you can go ahead and stop any communication me in the future river rat - since your intentions are DELIBERATE AND MALICIOUS by nature of your wording. you are making a huge claim that you know nothing about. you are in no more better position to give advice. the only folks that can give me legitimate advice are those involved in the repsected trades that this matter may invlove. as you can see the legal rhetoric is much more different and complicated than you assume. how easy for you to just point a finger and form an opinion without any real knowledge.Aren't you doing the same thing?

LazyLightnin wrote:Frankly in a free society everyone should have an idea about it. it is what our Bill of Rights and Declaration of Independance are loosely based on. if you've ever attended high school you should at least have somewhat of an idea about upon its core values. aren't we taking our freedom for granted if we choose to ignore its implications?
in case you hadn't noticed, this thread had been dead for long enough.
though i value your opinion on the matter,
it may have been more appropriate to pm with with your ideas.
i'll tell you this -i never whined for a second.
i wrote some replies and used the enlightenment as a template - you in your last post made a less than "kind" comment on just that.
so how are you not critiquing my writing? you cant just sneek out of that one.
you are not a trademark expert
an educated guess since you never provided me with any useful information except put into different words what others have suggested. you look as though you wanted to blow off some steam on the matter. well instead of opening a dialogue that had been resolved in a public format, maybe you could have pm'd me.
[Again, you seem to know what I do and don't know. This is the second time in this thread that this has happened, and has happened other times on this board. It truly is amazing how some of you know exactly what it is that I do and don't know. Please, for the sake of the other posters here, run down my resume for them to enlighten them as to what it is that I do and don't know. I will find that entertaining/quote]
all of this is completely irrelevant. you obviously play an instrument and like the Dead. i dont need/want to know anything more about you. A vain and selfish attempt to make this about YOU, which it is not.
Him: As for your question, if all this is in the United States the prior user of the band name would have the right to continue using the name in the areas where they actually used and had a reputation prior to the second user registering the name at the Trademark Office. Depending on how old the second user's trademark registration is, the prior user of the name might actually be able to cancel the second user's trademark registration and file suit in court to prevent them from continuing to use the name. This is all general information; we should talk and you can give me more details and I would be happy to tell you more.
So... looks like it may be the Schwag who are screwed!
this is exactly what my legal adviser told me. i rest on that conclusion.
how easy for you to just point a finger and form an opinion without any real knowledge.
Aren't you doing the same thing?
nope. i am a tiny entity compared to a larger apparently almost corporate business venture.
all in all im shocked at times in the face of disunity here. many of you have forgotten your core values and why we are even here. maybe i was naive in thinking that this was a place of friendship and comradery. I used to think that this board was the perfect place to have an introspective discussion, free of any "unkind" rhetoric where we as people with common interest would be more than happy to think about a subject and voice an opinion. i never had anything but good intentions when i created this topic and that remains unchanged.
how disparaging it is to find out that, even here on a site called rukind, i can go about with good intentions and have it result in negativity bordering on absurdity, people wishing me bad things and general dislike. these are not the values i attempt to practice with my friends here.
and though i try and make good when i can , this situation rings so true the differentiating roles that values and morality play for everyone. maybe i put too much trust and faith and in the folks around here, i am saddened by the results. and the results seem all to typical, observe what Machiavelli wrote:
"For if a man makes a vocation of being good at all times will become the ruin amongst so many that are not good."
this statement has a double meaning, you have to read it twice to get it. depending on where your values and morals stand it will mean a different thing to everyone. but it is important to understand what is being said here because it is very indicitive to the human nature being displayed in this topic.
alas, i find myself with a very much different view of this board. what a goddamn shame.

Good news for The Schwag... this thread will make great evidence since it's public record:
http://www.google.com/search?hl=en&q=de ... =&aql=&oq=
So now there is NO Chance you can claim ignorance of the facts... this thread will prove that you deliberately AND maliciously infringed on their legal trademark.

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