Damnation Affirmative, The Hell Yeahs are keeping our name!

DJ Big Dick · Post by **DJ Big Dick** » Thu Jun 15, 2006 9:54 pm

Suprisingly, there is already a myspace.com/djbigdick who is not me, just some guy named Richard who tries to DJ. His use of Dick, I assume, is in reference to his real name, rather than his cock.

He lives in Texas though, and I don't think they have laws in Texas, so fuck him.

Denyer · Post by **Denyer** » Thu Jun 15, 2006 9:56 pm

I would like to hear from the real Paul Denyer so I can tell him to suck my dick because he's in prison.

king_arthur · Post by **king_arthur** » Thu Jun 15, 2006 9:59 pm

I'm planning to argue that I had the name first. But I'll probably lose...

Charles (KA)

anti-m · Post by **anti-m** » Thu Jun 15, 2006 10:04 pm

john m wrote:Next someone will tell me that I didn't make up Doctor Worm. What is this world coming to?

You may not be a real doctor, but you are an actual worm...

Post by **Spud** » Thu Jun 15, 2006 11:13 pm

We googled up Octothorpe, checked it on mp3.com, bandnameregistery.com, and other sites a half an hour before submitting Been To China, cuz that's when we thought of it. Nothing. I think we are safe. Bell labs can come after us, but we aren't making telephones.

jack · Post by **jack** » Thu Jun 15, 2006 11:43 pm

"The Hell With The Hell Yeahs"

Caravan Ray · Post by **Caravan Ray** » Fri Jun 16, 2006 1:51 am

roymond wrote:Wait a second! Did you sample or base a song on one of their's? They can't copyright a band name but there are ways people can protect their bandname, and perhaps you can, too. (but I can't find either of the hell yeahs on myspace, so what's up with that?)

[edit]they do have CDs and reviews on CD Baby, and stuff, but their domain is inactive (though it is registered)[/edit]

Here's a good overview, from this site:

"You cannot copyright a band name. The correct legal protection is a trademark. Within trademark law there is a category called servicemarks. A trademark identifies a product while a servicemark identifies a service. Since a band is in the business of providing entertainment services, a servicemark is the proper tool to protect the name of a band."

yes - that's what I though too.

I would think that a reply involving the suggestion of the violent insertion of something awkward up their collective anuses would be appropriate.

Of course though, I'm not a lawyer...

HeuristicsInc · Post by **HeuristicsInc** » Fri Jun 16, 2006 8:30 am

Roymond's got it right, as far as I know, and look! uspto.gov does NOT show any registration for "Hell Yeahs" - I suggest if you want to keep it to begin a process yourself. Actually you can have a service mark for performing live, and a trade mark for selling CDs.
There is a trade mark on "Hell Yeah!" for selling clothing, only.
-bill

Geoff WreckdoM · Post by **Geoff WreckdoM** » Fri Jun 16, 2006 10:09 am

If you read the Hell Yeahs Blog they apparently broke up two months ago. I would ignore their phony ass cease and desist and maybe apply for the trade mark yourselves since I found nothing on the trademark search engine:

http://tess2.uspto.gov/bin/gate.exe?f=s ... evq11c.1.1

When we came across these guys I was kinda irritated that they knew we already had the name and used it anyway, but they seem like alright kids and no one is going to mistaken them for us for sure, so I did not make a stink out of it

http://www.myspace.com/rubberobot

catch · Post by **catch** » Fri Jun 16, 2006 2:14 pm

Eff that. You don't have to change anything.

Like most Cease and Desist letters, theirs is just full of hot air.

(If this weren't BS, though, I'd suggest "Therein.")

Niveous · Post by **Niveous** » Fri Jun 16, 2006 2:29 pm

I say we keep on calling you The Hell Yeahs but it's just be the short version of "We Are The Hell Yeahs, the other band is a piece of crap".

Heather. Redmon. · Post by **Heather. Redmon.** » Fri Jun 16, 2006 4:37 pm

I can happily say that I have had the pleasure of communicating via PM with our resident lawyer in training, Treachjuris (she is super knowledgeable and awesome), and we are not changing anything at this point. They ain't got shit on us!

Thanks for all of your support and suggestions! We are the Hell Yeahs until further notice!

jack · Post by **jack** » Fri Jun 16, 2006 6:09 pm

there's rock. and there's RAWK. and then, there's THE HELL YEAHS!

rone rivendale · Post by **rone rivendale** » Fri Jun 16, 2006 6:43 pm

Good for you guys, standing your ground.

I've never had this problem in my music career but I HAVE had an artist and his friends harass me because a webcomic I had looked a little like his webcomic. And it wasn't that I copyed his style, we both just draw like total chit and so they looked similar in style. It was a pain in the ass so I feel your pain.

Eric Y. · Post by **Eric Y.** » Fri Jun 16, 2006 10:55 pm

roymond wrote:"You cannot copyright a band name. blah blah blah blah blah."

true dat. but there is the issue (as cited by the message anti=m got) of people being confused between the two groups. that's why there's all those bands with "UK" tacked on the end of their name. if you do decide to change, i say go with "the hell yeahs MN"

blue · Post by **blue** » Sat Jun 17, 2006 1:37 am

man i so wish the "other" blue lang would come after me.

http://bluelang.livejournal.com/

so i could fucking beat him for inexplicably using my goddamn name.

furrypedro · Post by **furrypedro** » Sat Jun 17, 2006 4:04 am

http://www.myspace.com/thosemeddlingkids
http://www.myspace.com/themeddlingkidsrock

They're really not worth clicking on. Should it come down to it however, after whole seconds of deliberation, I think that 'Stop Fiddling Kids' would have been a far better name in the first place. If only I'd have thought of that back in November

Caravan Ray · Post by **Caravan Ray** » Sat Jun 17, 2006 4:49 am

I was really disappointed when I discovered this guy:
http://texbeaumont.com/Home.htm
Though he does wear a hat just like mine - which is impressive

I'm getting a bit sick of the name Caravan Ray, and had planned on killing off Caravan Ray permanently by having him shot in the back by a jealous husband and becoming Tex Beaumont full-time - but it seems someone already has the name

(although he isn't backed by The Dirty Hearts)

I wonder if he also grew up on Beaumont St with a cat called Tex?

I probably should stop using the name. That other guy actually sounds pretty cool - I don't want to piss him off. Hat-wearers should look out for each other

(apparently there is also a town in Texas called Beaumont - I didn't know that either till I googled)

Niveous · Post by **Niveous** » Sat Jun 17, 2006 11:10 am

I vote for mixing Caravan Ray & Tex Beaumont and becoming Ray Beaumont...which would also be a reference to the Chet Atkins' song "Tennessee Ray/ Beaumont Rag".

jack · Post by **jack** » Sat Jun 17, 2006 11:55 am

tex fauxmont?

Post by **Lunkhead** » Sat Jun 17, 2006 12:44 pm

Lunkhead is the name of a Japanese band:

http://www.lunkhead.jp/

I used some of their album covers for avatars for a while.

Denyer · Post by **Denyer** » Sat Jun 17, 2006 6:37 pm

Rone Rivendale wrote:I've never had this problem in my music career

What music career is that? The one where you mumble over fruity loops on the internet? You've made three hundred bucks doing this. If that's your career then you are the biggest loser I've never met. What you have here is a hobby, so stop acting like you're Christina Aguilera.