Deciding on names for your pedals...

[ThePastRecedes]

How do you guys go around thinking of original names?

I want to think of a name that will be original to me, like a brand lets say. Any thing I think of that can be used is usually taken. Not necessarily by a pedal company but somebody on the internet. For example a band or a tumblr blog. Where would the legality be if I used the same name? Good, Bad or Ugly?  Would I be better off using "example name" pedals instead. I would much rather use "example name" than attach pedals/electronics/industries ect.. to it.

I'm only a hobbyist but still I would like to have a labelling system and logo so I know what I've made once I have sold it. If I choose to sell it. I don't want to spend hours designing logos and graphics if the end product could be illegal. I know I wouldn't get sued or taken to court simple because I wouldn't be making millions of dollars and there would be nothing to get from me. I just want to prevent any idiots arguing with me 

Usually the domain names are available...

Anybody with experience in this area?

[pickdropper]

Well, just because you are small doesn't necessarily mean you won't get sued.  It sounds silly, but companies with protected property are often required to show they have defended it or they may lose exclusivity rights in the future.

But I'm not a legal expert when it comes to this stuff.  Your post is (obviously intentionally) extremely vague, so I don't know if what you are considering would bring you potential issues or not.

[slacker775]

IANAL but if you are in a totally different industry, trademarks and such don't always really apply.  Like you could call them "Tide Pedals" or something and since the Tide people aint in the guitar effect business (nor anything like it), you could possibly get away with it.  In any event though, if the name or something very close to it is already being used, you probably want to steer clear to avoid any headaches.  If all you are coming up with is something that's already in use, you might be thinking inside the box too much.  Or possibly being overzealous with the Google searches.  Worse case, you can always just call em Pedals by Joe Blow.

[jimilee]

Mine came from a friend who was making fun of me and my noise toys. I have only put it on a few pedals, but I like to use noise toys pedals.

[kothoma]

Caution Jimi, these are in the same business: http://noisetoysimports.com.au/

[stevie1556]

My misses makes gem shoes and wanted to put a a logo in them, a star (her family name) with a CC inside it (C for Charmain and the other C for her new surname that she is getting next year!). I've put her off that idea as the CC she was looking at doing was to much like the Channel bbrand and don't want to risk her getting sued.

Problem is with brands, especially big brands, and logos or names that looks like one of theirs but isn't, even if it's in a different industry, can damage their brand and they will fight tooth and nail to protect it.

My advice, and although it's hard thinking of names, is to come up with an original name. Even if you're not planning on selling any pedals. I never, ever planned to sell any pedals, but everytime I build a new one, one of my friends want one, so I end up selling them one for a little bit more then it costs me to make (to cover the cost of the pedal I finally get to keep). I'll never get rich doing it, but it keeps me entertained and I enjoy doing it.

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[kothoma]

How long could it have taken Brian Wampler to decide on a brand?
Could anybody sue your for using your own name?
Maybe you have to add something to make it distinct like "Pedals", Town, Country, "Handmade", whatever.
But even if you come up with some original brand it isn't yours if you don't register it.

[RobA]

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Could anybody sue your for using your own name?
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If your name happens to be Disney, then yes.

[kothoma]

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Could anybody sue your for using your own name?
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If your name happens to be Disney, then yes.

So what about Donald Disney Pedals Detroid and you happen to have that name and live there?
(Just don't use a script font.)

[RobA]

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So what about Donald Disney Pedals Detroid and you happen to have that name and live there?

You'd still lose. We're talking about the company that has pretty much universally abused and had changed copyright systems to make sure that no one ever gets to make a cartoon about a certain mouse.

Seriously though, your name really doesn't have any bearing on trademark law.

It is hard to come up with viable names now. I've worked at several startups where we were involved in naming the company or products. It's not easy. The global nature of the internet makes it even more difficult. The part about being in non-competing industries isn't even all that clear now. If a company has a big enough presence, it's not going to help you if you don't make hamburgers and they do.

It's kinda like band names too. No one gets to be The Who or Yes or The Band anymore.

[kothoma]

As for pedal names: never use existing names/logos/artwork even if you think they're history.

(Remember that story of ch1naski: http://www.madbeanpedals.com/forum/index.php?topic=10179.0)

Furthermore, any time you want to evoke certain associations you're probably in trouble.

[kothoma]

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So what about Donald Disney Pedals Detroid and you happen to have that name and live there?

You'd still lose. We're talking about the company that has pretty much universally abused and had changed copyright systems to make sure that no one ever gets to make a cartoon about a certain mouse.

Seriously though, your name really doesn't have any bearing on trademark law.

It is hard to come up with viable names now. I've worked at several startups where we were involved in naming the company or products. It's not easy. The global nature of the internet makes it even more difficult. The part about being in non-competing industries isn't even all that clear now. If a company has a big enough presence, it's not going to help you if you don't make hamburgers and they do.

It's kinda like band names too. No one gets to be The Who or Yes or The Band anymore.

I totally agree. You have not much legal rights to the name you inherited.
But I consider it less likely for a humble man to get in trouble using his honest name.

Haha, just remember something. The company I work for sued a (quite unknown) band and forced them to change the name.

[stevie1556]

Personally, I think he was extremely lucky in that the guy bought the pedal off him. There are many different routes he could have gone, but it seems he was as nice as he could be about it.

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[pickdropper]

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So what about Donald Disney Pedals Detroid and you happen to have that name and live there?

You'd still lose. We're talking about the company that has pretty much universally abused and had changed copyright systems to make sure that no one ever gets to make a cartoon about a certain mouse.

Seriously though, your name really doesn't have any bearing on trademark law.

It is hard to come up with viable names now. I've worked at several startups where we were involved in naming the company or products. It's not easy. The global nature of the internet makes it even more difficult. The part about being in non-competing industries isn't even all that clear now. If a company has a big enough presence, it's not going to help you if you don't make hamburgers and they do.

It's kinda like band names too. No one gets to be The Who or Yes or The Band anymore.

Hell, even the big companies get sued.

Case in point, a few years back Monster Cable went nuts and sued seemingly everybody they could find who used Monster in their business name or as a title of their work.  They even sued Disney (although it doesn't appear that they won).

http://online.wsj.com/article/SB123869022704882969.html

[ThePastRecedes]

How long could it have taken Brian Wampler to decide on a brand?
Could anybody sue your for using your own name?
Maybe you have to add something to make it distinct like "Pedals", Town, Country, "Handmade", whatever.
But even if you come up with some original brand it isn't yours if you don't register it.

Sounds simple enough... My last name is the same as Genghis Khan's birth name with a different spelling. I'd like to buy the domain name and stuff just so I can say that I own it. But that domain is $10K+ although it is not in use.