Well then, you've already had product out and for sale... that should count
for a lot.... but if the other guy decides to get legal you might have
trouble. Maybe you should try to "out advertise" the guy. Put out more
flyers (with your web info on them) and talk to the radio stations more
than he does. This guy probably doesn't have a million in the bank to fight
you with... so it could come down to who gives up first.
Any lawyers out there. Does the law support "first use" or does it support
whoever registers the trademark?
On Fri, 14 Apr 2000, Marc Wright wrote:
>
>
> "KEVIN D. ENGLAND" wrote:
>
> > Have either one of them registered a trademark? Thats time consuming and
> > takes some money, but that'd settle it right there.
>
> Yes, maybe it would, but, unfortunately, I don't have the money for that.
>
>
> > Or they can tag suffix's
> > on their names. Pharmacy(Online) vs. Pharmacy(OnStage). since these guys are
> > in the same city.... whoa.... Hmmm South Side Pharmacy vs. West Side Pharmacy?
> > Hmmm .... I actually like the sound of that..
>
> Yeah, so do I! But, the problem is, that all the hard work I've done has been
> under the name Pharmacy, and by adding West Side to the front is really no
> different to a total name change. The goodwill I've earned over the past year
> (mainly through visits to my mp3.com site) will be lost if people can't find me
> again - and they're all going to be looking for Pharmacy.. So really, a name
> change at all is like going back to square 1 (or maybe square 2, 'cause I've still
> got the songs.)
>
> > .
> >
> > A possible plus would be a public controversy over the name fight.... get the
> > local media to notice and both outfits get more publicity.
>
> There could be something in that. Though, in the long run only one can exist. And
> the other guy will probably have the advantage 'cause he plays live. I'm not
> actually looking to be a huge pop star. I just want to sit in my little room, and
> make music. Sure I'd like to sell lots, but as long as it can all be done from
> home.
>
>
> > Or have them trade
> > blows in "battle songs." Or both do versions of the same song. "Tough Pill
> > To Swallow" or something like that....
>
> Ahh, but that would rely on public opinion. Something I honestly don't have much
> faith in. I make my music for one person - myself. If others like it, then that's
> wonderful, but when it really comes down to it, if no-one likes it I don't really
> care.
>
> >
> >
> > If you can get them to coordinate something like that it could maybe be made
> > "fun" instead of being a big ugly hassle. Keep us informed...
>
> I'd love to do it that way, but I honestly believe I should have the rights to the
> name. I've been using it twice as long as he has, and as far as popularity goes,
> he's played once (I think. Anorther gig being advertised for the end of the
> month), while mine is measured in a few thousand visits to my site. I'm a long way
> ahead of him in most things - I've got 2 albums out, 5 music videos, and I'm
> halfway through producing a film, which mentions Pharmacy, and the physical
> Pharmacy CD is an important part of the film. And I've written the soundtrack. And
> I've sent out many CDs to radio stations and labels and everyday people. I've come
> to far to back off now - especially since I don't think I should.
>
> It seems to me if this goes legal (which it may well do), the law may well favor
> the 'traditional' style of band - playing live, doing interviews and getting known
> around their home town, over the more 'internet based' thing - uploads, downloads,
> mp3s, internet radio etc. and a worldwide fan base. I don't think the law has
> caught up with how the internet is changing things.
>
> The reason I ended up with the name Pharmacy was that I was using a different name
> (Nocturne) since 1993 before being contacted by a US band with the same name. I
> has never really liked Nocturne, so I agreed to change. But.....I like Pharmacy.
>
> Marc.
> (mp3.com/pharmacy)
>
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