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Someone trademarking soundalike name and banning me

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Re: Someone trademarking soundalike name and banning me

Postby Mike Stranks » Wed Dec 20, 2017 12:00 pm

Don't faff about with this or try DIY/"A friend or colleague said that I ought to..."

Get specialist legal advice appropriate to the relevant country. You'll either be able to frighten her and her management off when you respond professionally or you'll be advised that you're on a hiding to nothing and best just to accept the inevitable.

This isn't about 'fairness' or 'natural justice'... it's about legal statutes.
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Re: Someone trademarking soundalike name and banning me

Postby petev3.1 » Wed Dec 20, 2017 1:04 pm

If you were using the name first then just write back and threaten to sue her for 'passing off'.

I once had a letter from the lawyers for Euphoria Records threatening to sue. I pointed out that we were using the name first and that if they didn't go away we;d sue them. Never heard another word.
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Re: Someone trademarking soundalike name and banning me

Postby Music Wolf » Wed Dec 20, 2017 1:32 pm

Mike Stranks wrote:
This isn't about 'fairness' or 'natural justice'... it's about legal statutes.

Extremely sound advise from Mr Stranks and his last sums things up beautifully.

Take legal advice. You may well find out that the first consultation is free and from that you should be able to make an informed decision as to how to proceed.
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Re: Someone trademarking soundalike name and banning me

Postby WolfeLegal » Sat Dec 23, 2017 6:56 pm

Most lawyers will give you a free consultation. You definitely should consult one. I would be happy to discuss it with you. I am an entertainment lawyer who specializes in trademark law as well.

Trademarks are to protect consumers; they are not to stifle competition. CDBaby's counsel will be responsive to correct and reasonable arguments.
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Re: Someone trademarking soundalike name and banning me

Postby Rain » Sat Dec 23, 2017 10:46 pm

Thanks to everyone for their input on this.

I understand that the law is just the law and the statutes are what matter but it still takes an individual to invoke them. I still think this behaviour is mean-spirited, bullying and unnecessary and doesn't advance the careers of anyone involved. As I mentioned before the trademark holder for 'Rain' is a South Korean singer who has been active since 2002. He or his legal people could easily have come after me but either are unaware of my existence or know that it's an entirely pointless thing to do.

Some kind of legal advice is still a sensible route forward but I'm extremely reluctant to get involved in any kind of lengthy dispute - although I do have a couple of people waiting to get back to me.

The simplest advice that I've had so far was that this seems like a forty-something singer with a couple of vanity releases and, as CD Baby CD sales are not worth troubling about, I should just switch aggregator to get the music on Spotify, iTunes etc. - there are many of them out there now.

If she still has the surplus time and energy to want to track me down again and again then she's clearly spending far too much time on irrelevant trademark issues and not enough on actually attempting to make decent music...
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Re: Someone trademarking soundalike name and banning me

Postby GBlack » Sun Jan 07, 2018 8:31 pm

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


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 ...
Bloody hell this is awful that you are going through this nonsense it’s hard enough as it is without this kind of stunt.
Why not set up a webpage and Facebook group/page and ask all other Rain type musicians to join and explain what’s happening and you may find one of them or a few of them feels strongly enough about this to legally kick the shit out of this nonsense.
How dare she.
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