Question about TShirt art

[richardgregory]

Am wanting to start a line of TShirts with vintage bands that are not around anymore (& obscure). How does one go about getting the rights to use their name? Or are there some that are public domain (if so where can I find a list etc)?

These would be unique designs, so I wouldn't use anyone's protected logo.

Any insight will be helpful

[vrooooom]

Is the name of a band a trademark?

It depends on how it is used. A band name may function as a service mark for entertainment services in the nature of performances by a musical group if it is used to identify and distinguish the service of providing live performances (see TMEP § 1301.02(b) , or as a trademark for a series of musical recordings (see TMEP §§ 1202.09(a) et seq .).

So basically, it's a can of worms. Sometimes the band name is protected, sometimes not. Defunct bands require research. I think trademarks need to be renewed every 10 years, or can be challenged as inactive (for entities that went out of business, etc).

The upstanding way to go about it is to contact previous trademark owners, i.e. the band, estates of members, etc.

Maybe you should just misspell some names...

[vrooooom]

Hmmm this was on the first page of google

http://tess2.uspto.gov/

Click on "Search Marks" and it can tell you who the owner is and whether it's dead or not.

Trademarks apparently flow from state -> federal; it's possible to have the same trademark in different regions with 2 different entities.

That's my 5 minutes' research for the night. Back to printing!

[scrojo]

if the bands are obscure and you're not going to use their logo........ why not just make up fictional names ?

[andy_schmidt]

I agree with scrojo. I'm a fan of the fake band t's.

[johnny]

Sounds like a real money maker.

[mikeage]

Reading and then watching your avatar shake his head cracks me up, Johnny!

[zlandrum]

"Grateful ded" or "Lead zeppelin" or "greatful ded zeppelin"

[scrojo]

"Grateful ded" or "Lead zeppelin" or "greatful ded zeppelin"

the beetles
leonard skinner
you too
nein etch nell
rat
.......

[zlandrum]

ramenstine
the novemberists