Could I get sued?

[The Geek Vault]

If I named the band I'm trying to pull together "Spider-man loves Mary Jane"?

 

[Spidey]

Not unless you're making money off of it.

 

[Nasty-B]

Yep, doctrine of fair use: you can't use copyrighted material for profit. Now, if you changed the name up to be a parody, then you'd probably be cool. This was established in Supreme Court case where Roy Orinson's estate sued 2 live Crew for parodying "Pretty Woman." The supreme court said it was okay as long as no one would mistake it for the original and it had some value as social commentary. In short, don't use it verbatum if you plan to charge admission or cut an albumn.

 

[Morg]

You might get some sort of stop noticed to using the name

Marvel owns the name and I've seen them jump down on people using their heroes names

 

[Vartha]

how about reversing it? MJ loves spider-man?

 

[Vartha]

how about Mary and the Spider?

 

[PhotoJones]

I would sue you for making yet another ****ty emo band. And that's exactly what a band called "Spider-Man Loves Mary Jane" would sound like.

 

[Spidey]

how about reversing it? MJ loves spider-man?

Yeah, if you're looking to make a living out of it, just tweak it up a little.

Something like Spidey Loves Mary Jane or Spider-Man Hearts Mary Jane. Of course, you could always wait for the rights to the book to expire, but that may not be for a very long time.

 

[Spidey]

And that's exactly what a band called "Spider-Man Loves Mary Jane" would sound like.

Yeah, it does kinda'. t:

 

[PhotoJones]

Yeah, if you're looking to make a living out of it, just tweak it up a little.

Something like Spidey Loves Mary Jane or Spider-Man Hearts Mary Jane. Of course, you could always wait for the rights to the book to expire, but that may not be for a very long time.

Nah, the book's going to pick up some readers soon when Moore gets onboard.

 

[Spidey]

Nah, the book's going to pick up some readers soon when Moore gets onboard.

Myself, included. I dropped it back around issue #8 because my pull file was tearing a hole in my pocket, but I'd like to see what Terry Moore can do with this book.

 

[PhotoJones]

Myself, included. I dropped it back around issue #8 because my pull file was tearing a whole in my pocket, but I'd like to see what Terry Moore can do with this book.

Yeah, McKeever did a heck of a job with this title, but Moore's a drama legend. Depending on how long he stays on, this could be one really good run.

 

[fifthfiend]

Yeah, if you're looking to make a living out of it, just tweak it up a little.

Something like Spidey Loves Mary Jane or Spider-Man Hearts Mary Jane. Of course, you could always wait for the rights to the book to expire, but that may not be for a very long time.

How about "Spider-Man Says He Loves Mary-Jane, But Really He's Just In It For The *****"?

Now there's a name for a rock band.

 

[Rasmon Redux]

it's called asking Marvel for their expressed written consent (permission) before doing it. Then you can include a little disclaimer that says "Spider-man is property of and is used with expressed written consent by Marvel Comics, Inc." before every show you do. Of course, that's a mouthful, but it would eliminate any need to go to pound-me-in-the arse prison.

 

[The Geek Vault]

crap! Well my original name for the band was Heralds of Galactus, would THAT get sued?

 

[Spidey]

crap! Well my original name for the band was Heralds of Galactus, would THAT get sued?

I wouldn't think so, but don't quote me on that.

 

[Harlekin]

Yeah, if you're looking to make a living out of it, just tweak it up a little.

Something like Spidey Loves Mary Jane or Spider-Man Hearts Mary Jane. Of course, you could always wait for the rights to the book to expire, but that may not be for a very long time.

That doesn't change anything. It's all about trademarks, which is exactly why you would receive a cease and desist with "Heralds of Galactus" as well. Spider-Man or anything similar to it that would make someone y'know, think of Spider-Man, is going to you an order to stop. Unless of course, you strike a deal with Marvel and give them part of the profit.

 

[Spidey]

That doesn't change anything. It's all about trademarks, which is exactly why you would receive a cease and desist with "Heralds of Galactus" as well. Spider-Man or anything similar to it that would make someone y'know, think of Spider-Man, is going to you an order to stop. Unless of course, you strike a deal with Marvel and give them part of the profit.

Herald of Galactus isn't a trademark, though. Spider-Man Loves Mary Jane is. I've never seen a TM sign behind the term "Herald of Galactus". I have, however, on every cover of SMLMJ.

 

[Harlekin]

Don't be fooled by that. Anything published by Marvel has some kind of copyright on it and is trademarked. Read the little box with all the info on the first page. Then there's the fact that Galactus is trademarked, and I'm pretty sure there's a post-Annihilation mini called the Heralds of Galactus.

 

[Spidey]

and I'm pretty sure there's a post-Annihilation mini called the Heralds of Galactus.

Hm, that could definitely be a problem.

 

[Harlekin]

Even if that comic wasn't around, you'd get in trouble for using the name Galactus.

 

[Spidey]

Even if that comic wasn't around, you'd get in trouble for using the name Galactus.

You might be able to curb that by swapping out C for K and spelling it Galaktus though, wouldn't you?

 

[CConn]

Mary Jane and the Spiders.

 

[The Geek Vault]

Mary Jane and the Spiders.

HAHAHHA I think I get it!

 

[Harlekin]

You might be able to curb that by swapping out C for K and spelling it Galaktus though, wouldn't you?

Logistically... no. It's not about whether it's the exact same name or not (although if you do that, you're garantueed to be given a cease and desist), it's about likeness. If people were to confuse that band with a licensed Marvel product (and Marvel's lawyers could make that believable in court), you would get an order to stop.