Aussie band take Shihad name

Heard this one on M2 last weekend but didn't get the full story. Apparently some Australian group have scooped up the Shihad name (coz it's been up for grabs since March?). I guess they'll be able to cash in on the band's rep & stuff. Anybody know any details?

Forums: NZ Music,

I wonder how well know a band has to be before their isn't "up for grabs" when they break up or change it?

True. You don't see any up & coming bands naming themselves "The Beatles" now do ya:) Soooo... do we feel disappointed in the Aussie band for capitilising on the name change of a well known group, or applaud the fact that they have enuff guts to use the name? I just hope they don't suck too much:)

Apparently Frenzal Rhomb passed the comment that they were going to adopt the name Shihad which would "certainly help us corner the New Zealand market".

When they added "Lex wanted to call the band Holy War, but this raised the ire of the other members of Frenzal Rhomb, still sensitive about the September 11 attacks, and they kicked him out of the band", it became relatively obvious that they were joking. Hilarious.

Yeah I would think it was just a joke
Otherwise, do think they could sue them for that??

Frenzal Rhomb - that was it! Good 2 know they were kidding - I only caught the headline & missed the story:)

phew!

Yeah phew is right....i was freaking out. Lol.

who da hell do frenzal rhomb think they are?? they cant change their name 2 shihad anyway ive had enough of the bastard aussies who claimed PACIFIER "australian music" what do u aussies have 2 say 4 yrself?? (he he)

oh goodness me. Me and some of my friends who are looking for a band name were joking about calling our band 'shihad' just the other day but some aussie band actually has? hmmm well, somehow if they're looking to get second hand glory, i dont think they're gunna find it by ripping off the originals......*shaking my head*

Wow - I only posted that out this morning & it's had 102 hits so far! Didn't mean to freak all you hardcore John Toogood fans out yknow - sorry for any undue stress this early in the week:) I'm kinda more into the hiphop/ r&b/ reggae-ish side of nz music so... I wasn't outraged or anything. Just thought it was a sneaky/non-creative/ coat-tail riding thing for another band to do - if it was true. Thanx Jane - thou art indeed possessed of rare wisdom.

Waitaminit - Jane Y? Hey, you're not...

Well, I heard a very strong rumour that Shapeshifter were going to change their name to Shihad after moving to Melbourne, in order to take over the column inches in the Rolling Stone to further their hopeless drum'n'bass cause, or some such ridiculous thing. Can anyone in Melbourne confirm this? I'm concerned that the hip Rolling Stone journalists will not know the difference, and will print new photos of the Shahiad band looking all pasty and white, when in actual fact they have been poolside in LA for so long, they all look like mexicans now. Or is that just the diet of burritos we've been hearing about?

I think I am...

Actually that depends on what the rest of your question is

"... Jane Yee?":) Pardon my ignorance but I only joined this forum last week.

Really Myshkin? What is it you teach?

Yup

Awesome! I think you do a great job!:)

I teach a paper in marketing law - not focussed on bands specifically, but protection of band names is an application of general legal principles in this area.

firewarden - Shapeshifter rock! Methinks they'll do well across the ditch (Salmonella have
already scraped up a following there)

myshkin - Marketing Law huh? Interesting. Tell me - where do you go to register your
band/group name? APRA handle the music - if you had the group's name
stamped on it, would that count?

Jane Y - Ok, just remembered some of the stuff I posted on the Jane Yee forum (God how
embarassing) *ahem* um... can we get passed the "latte" thing & restart where I
say "Awesome! I think you do a great job"?:)

You don't have to kiss her arse now

firewarden.
shapeshifters drum & bass cause isn't hopeless.
it's fairly live too. and gets spectacular when it wants.

my my two shillings.

Thanx Tama:) Nah - I posted some goofy stuff & felt kinda foolish when I realised that she visits here & has prob read it. Somebody could'a warned a brutha b4 I got all complimentary!:)

surely the name shihad is still owned by pacifier

I know the Frenzal rhomb thing was a gag on their part, but just to address the question that's been raised about one band using the name of another. Its not a question of "ownership" of the name unless they have formally registered a trade mark, but rather whether use by band 2 of a name used by band 1 would cause confusion. With a well established name like Shihad with a wide market recognition factor, there would be too much potential for confusion for any band in NZ to use that name - even someone as removed from rock as Shapeshifter. The same result could arise in overseas countries - so long as Shihad (or whatever band we're talking about) had an established reputation associated with their name, then they'd be able to prevent others using it. If they didn't do so quickly, then the second band might get to the point of establishing their own reputation and the first band would have to live with it.

The same can go even for obscure little sub-genre bands, but to a lesser extent. Since the vast majority wouldn't have heard of the name - take Mailbox Skipole as an example, which is a Palmy punk band few here will have heard of. There would be confusion if another Palmy band took the name, but perhaps not if an Invercargill one did. There might also be confusion if Mailbox Skipole was known to those who are right into punk and another punk band came along and used the same name.

And yes, I teach this stuff for a living.

Isn't it something along the lines of the band that can be proven to have officially released an album or single etc first has the rights to the name?

http://www.bandname.com ]

Release of an album is certainly one way to provide evidence of a reputation being established - but if it sinks without trace, with only selling to the mates of the band, then release won't be enough. On the other hand, where there's a band which gigs a lot with no releases, so long as they're clearly using a name to identify themselves, then they're building up a reputation as well. Paselode would be a good example - apart from a few net released demos, they've no formal releases yet, but most people in the music scene in Wellington would know there's a band of that name. If I was then to go to Wellington and do a gig under the name Paselode, how many would come along thinking it was them? Since I can't sing or play any instruments, my performance would be incredibly damaging to their reputation; if I was somehoe better than them, I'd transfer allegiance away - through the use of the name by which they're known - that's a misrepresentation.

isn't it a case of who has the better lawyer or bigger label?

hmm well this is the American view:

http://www.ivanhoffman.com/names.html ]

Shai said:
Soooo... do we feel disappointed in the Aussie band for capitilising on the name change of a well known group, or applaud the fact that they have enuff guts to use the name? I just hope they don't suck too much:)

Hmmm...Saw Shihad first time in 1991. Have seen them live about 20 times since then, in nz, oz, and london.
Was number one fan...now i think they've lost it (have done for a couple of years) too pub rockish...used to have an edge.
Frenzal Rhomb are just having a laff, and IMHO a very clever one. Also, the rhomb still have that edge (or did the last time i saw them)