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Can you be sued for spoofing a band name?
A buddy and I are thinking about starting up a YouTube rap group. We are largely just doing it for humor, but we'd like to try to create some decent raps. We actually came up with an awesome band name to suit us, but it is a spoof of a once-popular band. I don't want to say it here since I think it is an awesome name, but I just want to make sure we couldn't be sued. I'm sure it wouldn't matter, as we have no chance of becoming popular, but I'd like to know. I can't think of a good example, but suffice it to say that the first word of our band name rhymes with the first word of the real band name, and the second word is the same, with two articles in between.
Thanks!
With all respect, you didn't read my question. We are not spoofing a song. It just so happens that spoofed band name works perfectly for our situation. Again, not a song, a band name.
3 Answers
- traiLv 78 years agoFavorite Answer
In the US, one *can* be sued for anything.
In the case of trademark infringement, the standard is "likelihood of confusion," which is finding for a judge or jury. In other words, if that judge or jury decides it is likely that consumers would confuse your product(s) (the songs, the show, the logos, etc) with that of the band you've spoofed, you'd loose.
If not, you win. (But you probably would still have to pay an attorney for that, so error on the side of caution.)
Hope that helps. Good luck. :)
Source(s): Twenty years' experience in the local music business. http://marklaw.com/trademark-glossary/confuse.htm - Little PrincessLv 78 years ago
It depends upon what your videos are like. If they are a parody of the band, then it's all covered by 'Fair Use' and you're free to use a similar name and sing similar songs to what they have. If it's not a parody, then you pretty much have to keep away from it.
Also, be aware that there's a difference between a parody and a satire. The stuff Weird Al Yankovic does is satire and wouldn't be protected as parody. In order for it to be a parody, you have to be poking fun at or making fun of the artist.
- Anonymous8 years ago
Yeah because everyone just was saying "you know what we need more rap spoofs, they've been so great since the 80s. "
You still have the pay the man who wrote the tune, even when you write new words. Even with rap.
