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Can my music player app have the same name as a musician band? It's common words.

For example, let's say there is a group called "Black Stones" (this is not the name, just an example). And I want to call my music player app "Black Stones - Music Player".

The group is Korean and the words are common things like that.

And different question I guess. What if I use a name that is similar to a beauty product name with switched words. For example, beauty product is called "Black Stones", again just an example, and I call my music player "Stones Black - Music Player". As this is unrelated industries I guess I would be safe? Or it will be expensive to defend myself if they choose to sue?

2 Answers2

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This is a trademark question, not a copyright question.

The core ultimate legal question is whether the music app name creates a reasonable probability of confusion, for a typical consumer of the music app, that the music app is affiliated with the band. If it does, it is probably trademark infringement. If it doesn't, it probably isn't trademark infringement.

This would have to be evaluated on a case by case basis, as a factual issue, based upon the evidence presented at a trial in court. It could come out either way depending on the particular facts and the quality of the presentation made by the lawyers in court.

It will absolutely be expensive to defend yourself in court if they choose to sue.

If you see a possibility of confusion great enough to ask about it, it is probably a high risk that you would be sued and might lose. Also, the economic value of your business might be destroyed even if you are vindicated in the end at a trial, due to the fact that pending litigation makes you toxic to investors and other vendors and users. If you can see a potential for trouble on the horizon that can be avoided at the outset, avoid trouble.

If you really like the name, considering having the band in question license their name to you for use in the music app, effectively endorsing it, in exchange for a fee and/or for a share of your revenues.

ohwilleke
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Music players and music bands belong to similar enough domains to make trademark confusion a possibility. A "Beatles player" would strongly imply some level of endorsement by the band, and would not be legal without their permission.

Ignore anything not music related, it does not affect your trademark rights.

If brought to court, the following will matter:

  • Is the Korean band's name originally spelled in English, or just translate to the same? If the latter, you're in the clear.
  • Has it released any albums, and if so, in multiple countries, or only in Korea?
  • Who's the publishing label? It shouldn't matter, but it does; Sony is particularly litigious.
  • Is there any novelty to the name? Awesome Music (band) vs Awesome Music (player) would be too descriptive for trademark protection.
Therac
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