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Someone trademarking soundalike name and banning me

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Someone trademarking soundalike name and banning me

Postby Rain » Mon Dec 18, 2017 5:38 am

Hi All

Some of you around here might know that I've been releasing music under the band name 'Rain' since the early 2000s. I started using CD Baby as an aggregator to put the music on Spotify, iTunes etc. back then and have seen no reason to change.

CD Baby has just told me that a Canadian singer has trademarked the name 'Rhayne' ( www.rhayne.com ) in the last couple of years and is claiming I am infringing her trademark because of the similarity of sound in the names. Based on this CD Baby has removed my music from their site and is about to issue take downs for Spotify etc.

I've tried contacting the artist and telling her that this isn't really furthering her career and is wiping out my (modest) income stream from music but she's just doubling down on her 'legal right'.

This sounds strange and malicious to me... is there any basis for her claim? I thought precedence was the key issue here?

Any suggestions?

Thanks!
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Re: Someone trademarking soundalike name and banning me

Postby blinddrew » Mon Dec 18, 2017 9:25 am

Trademark is essentially a tool to avoid customer confusion. I'd start with a strongly worded letter to CDBaby explaining that the similarities between Rhayne and Rain don't pass the 'idiot in a hurry' test and they should reinstate your music as the claim is groundless.
You might make a point about respecting long standing customers as well.
Then get a lawyer :(
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Re: Someone trademarking soundalike name and banning me

Postby Hugh Robjohns » Mon Dec 18, 2017 11:03 am

It's an interesting dilemma of the modern times though, now that voice-control is becoming more ubiquitous. If you ask 'Siri' to play you a Rayne track and you get a Rain track neither you nor Rayne (or his/her management) might be too happy....

For the OP, the detail of the trademark and copyright laws are different in different countries and I suspect Rayne is being guided by her management here. Having prior use of the name isn't the same as having trademarked it, and it has become fashionable in legal circles to try and prevent other legitimate businesses from using similar sounding names, even when in entirely different genres. Look at the battles Monster cables have fought (and mostly won!).

CD Baby are bound to kowtow to Canadian lawyers' letters representing Rayne in comparison to some unsigned bloke getting whingy in the UK... and I suspect employment of a legal representative to argue your own case with CD Baby et al will be necessary.

H
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Re: Someone trademarking soundalike name and banning me

Postby ef37a » Mon Dec 18, 2017 11:36 am

You might also ask "Rane Audio" what they think? !!

Dave.
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Re: Someone trademarking soundalike name and banning me

Postby BJG145 » Mon Dec 18, 2017 10:59 pm

That's ridiculous! :x
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Re: Someone trademarking soundalike name and banning me

Postby Agharta » Mon Dec 18, 2017 11:11 pm

If you can't afford a lawyer which is rarely cheap then try starting an internet campaign as this sounds a very shady practice.
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Re: Someone trademarking soundalike name and banning me

Postby Rain » Mon Dec 18, 2017 11:50 pm

ef37a wrote:You might also ask "Rane Audio" what they think? !!

Dave.

Ironically there are a couple of artists on CD Baby called 'Rane' that she has also gone after... as well as 'Raen' and 'Reyn'.

I'm not a lawyer but it seems to me this way lies madness. In theory I could find an established artist who hasn't officially trademarked their name, trademark an alternative spelling and then sue them?

Also ironically, the owner of the trademark 'Rain' is actually a South Korean ex-boy band singer, who, despite being extremely successful has never bothered me.

He registered his trademark in 2008, so maybe I should ask his management to sue 'Rhayne'? :roll:

P.S. Be careful Hugh - it's 'Rhayne' not 'Rayne'; I wouldn't want you to get into trouble ...
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Re: Someone trademarking soundalike name and banning me

Postby Sam Spoons » Tue Dec 19, 2017 12:02 am

Perhaps we should start a "Is Rhayne a nutta" campaign on social media (they seem to be able to get away with saying almost anything about anybody on there.....)?
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Re: Someone trademarking soundalike name and banning me

Postby ef37a » Tue Dec 19, 2017 12:14 am

"I'm not a lawyer but it seems to me this way lies madness. In theory I could find an established artist who hasn't officially trademarked their name, trademark an alternative spelling and then sue them? " Indeed, I think some people just try it on with 'the little people' knowing they do not have the resources to fight back.

Some 10 years ago Blackstar were hit with something similar. Their Artisan 15&30 amps had a power reducing circuit. Some bod in the States reckoned they held a patent on it. B's were very small then and there was no way they could fight the claim. Got around it with Pentode/Triode switching.

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Re: Someone trademarking soundalike name and banning me

Postby Watchmaker » Tue Dec 19, 2017 1:15 am

Offer her to buy you out. She's more than likely a fly-by-night lounge act in the making. Have her legal team break off some cash in your direction and when she fades into the mystic, take up where you left off, slightly richer for the experience.
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Re: Someone trademarking soundalike name and banning me

Postby resistorman » Tue Dec 19, 2017 2:28 am

Why is it assumed she even has a lawyer, let alone a legal team? Her whole thing looks and sounds very DIY. Especially with “International Recording Artist” in headlines on her site. At least she doesn’t use auto tune, which is refreshing...
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Re: Someone trademarking soundalike name and banning me

Postby zenguitar » Tue Dec 19, 2017 3:28 am

And do some research into a counter-claim with the emphasis on Malicious Prosecution.

Andy :beamup:
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Re: Someone trademarking soundalike name and banning me

Postby blinddrew » Tue Dec 19, 2017 9:18 am

Might be worth dropping a line to techdirt.com - they like stories of IP abuse so little feature there might get you some positive coverage and apply a bit of public pressure on her to do the right thing.
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Re: Someone trademarking soundalike name and banning me

Postby baward » Tue Dec 19, 2017 1:52 pm

Hugh Robjohns wrote:It's an interesting dilemma of the modern times though, now that voice-control is becoming more ubiquitous. If you ask 'Siri' to play you a Rayne track and you get a Rain track neither you nor Rayne (or his/her management) might be too happy....

Possibly why Paddy McAloon called his band 'Prefab Sprout' :bouncy:
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Re: Someone trademarking soundalike name and banning me

Postby Matt Houghton » Tue Dec 19, 2017 3:04 pm

Rain wrote:P.S. Be careful Hugh - it's 'Rhayne' not 'Rayne'; I wouldn't want you to get into trouble ...

It's not like Ugh to drop is aithches :beamup:
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Re: Someone trademarking soundalike name and banning me

Postby Hugh Robjohns » Tue Dec 19, 2017 5:03 pm

:clap: :D
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Re: Someone trademarking soundalike name and banning me

Postby Matt Houghton » Tue Dec 19, 2017 5:45 pm

Hugh Robjohns wrote::clap: :D

Thanks. But it would have been better if I'd managed to spell 'aitches' correctly, eh what? :headbang:
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Re: Someone trademarking soundalike name and banning me

Postby Hugh Robjohns » Tue Dec 19, 2017 6:16 pm

I blame the proof-readers...
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Re: Someone trademarking soundalike name and banning me

Postby Matt Houghton » Tue Dec 19, 2017 6:26 pm

Proof? Show me the evidence! :beamup:
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Re: Someone trademarking soundalike name and banning me

Postby forumuser846068 » Tue Dec 19, 2017 10:57 pm

unfortunately you loose - I've been there

you have to trademark your name legally if you wish to have protection in the marketplace

you live - you learn - you trademark a new identity
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