Legal Battle Over My DJ Group. What should I do?
pointman
1,042 Posts
So I have a serious problem on my hands. I have been DJing with some fellows for probably the last seven years under a collective group name. Well turns out there is a label turned artist management group with the same name who started three years prior to us. A couple days ago I get a stop using any variation of the name cease letter from their lawyer. But I'm wondering, this isn't a case of band vs band fighting over a name they've both used. This is two total different things here, a DJ collective and a management group. Do we have any fighting chance or are we just fucked and should start looking at other names?
Comments
exactly. i don't want to give you legal advice on this without knowing all the facts, but the key issue in trademark cases often turns on whether there is consumer confusion in the relevant market. so 2 questions: 1) is your dj group performing in the same market; if so 2) would anyone think that there is a relation between your group and their management service? do you use the same logo? is the name very distinctive?
finally, keep in mind that it is very expensive to litigate. if they are going to litigate, they MUST have damages. therefore, unless they can prove that you are taking serious $$$ business away from them, the possibility that you will be sued is slim.
We don't use a logo that resembles anything of each other.
The name is rather distinctive.
I have no doubt these people have a fat bank roll. Doubt they want to use it on us but more than likely have it. We on the other hand don't have the money.