Subject: [Harp-L] What's in a name, not much!

[EGS1217@xxxxxxx]

You're welcome.
 
In the meantime, though...you said both groups have upcoming New Year's Eve  
gigs...
 
....it might be worth (once you've safely checked out and began the process  
of incorporating your name)...contacting your local  
newspaper/newsletter/entertainment editor? Asking if they'd perhaps run an  article with a photo of 
your band...perhaps with a headline of 'WE are  Jetstream'....to clarify for 
those intending to go out for New Year's Eve for  dinner to see your band? 
 
Someone with a column to fill might be willing to do it as a human interest  
story...and it might get you off the hook while showing sincerity  in 
attempting to straighten out the problem in the offchance an  unhappy patron decides 
to take matters further. 

Since there're only a few days left, it'd be decidedly uncomfortable  having 
people show up who had intended to see the other group...nor do you want  to 
lose potential long-term fans who end up at the wrong gig.
 
If you don't have the time or the funds to do so before New Year's...of  
course then it's wiser to keep the name incorporation issue quiet and hope there  
is minimal cross-over.
 
Elizabeth
 
"Message: 6
Date: Sun, 21 Dec 2008 14:32:51 -0800 (PST)
From: David  Fertig <drfertig@xxxxxxxxx>
Subject: [Harp-L] What's in a name, not  much!
To: harp-l@xxxxxxxxxx

Thanks to many who gave good or at least  humorous feedback!  Joy King Steve 
Merola and Bill Kumpe, among others,  generously got me straight, and now we 
have to find out if our name is not  already registered as a tradmark.  First 
I'll check the fictitious biz  sttmt filings in LA County, and if the name 
ain't traken I'll sign up there,  then timely apply to the US patent office for a 
trademark.

One can look  at the patent office database,  
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=d9tfnv.1.1  but if  another's application is in process it 
won't show in the database, so the  application fee of a few hundred bucks may 
be forfeited if the name is awarded  to another while yours is pending. 

Mayeb we'll have to come up with  another name, but now we know how to 
protect it! 

THANKS  HARP-L!!"

"Message: 7
Date: Sat, 20 Dec 2008 14:36:19 EST
From:  EGS1217@xxxxxxx
Subject: Subject: [Harp-L] What's in a name 
To:  drfertig@xxxxxxxxx
Cc: harp-l@xxxxxxxxxx

Logic would seem to dictate  that you DO need to find out just exactly which  
group pre-dated the  other (incorporated first)...since that's what'll 
determine  just who  gets to keep the name....

..if you've both established a following it  gets difficult and murky, but  
one group should immediately alter the  name in some way...("New  Jetstream"? 
 
.WH Jetstream (for woodland  hills)....'Jetstream  Players'  ....something to 
distinguish one  from the other....especially if  it confuses patrons booking 
a 
New Year  outing for one group who really want to  see the other...since that 
 
could get awfully sticky...

AFAIK the law might come down on the side  of whichever group first  
performed 
publicly under that name if neither  copyrighted it.

Elizabeth
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