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prophetik music

need a bit of legal advice

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Just thought I'd mention that this situation really pisses me off.

I would love for this to go to court and for you to win, but like others have been saying, that's probably not the best course of action. Unfortunately.

Either way it really sucks.

That being said, from what I understand, it's not illegal to use trademarks in domain names unless it's cyber squatting or competing with the company, or stuff like that. Obviously you're not doing that.

Also, when I google 'prophetik' the OCR artist page comes up way before www.prophetikmusic.com.

There's no way that using trademarks as a username on a site is infringement is there?

Like I said, this pisses me off.

Also, this case actually looks very similar to what's happening here.

Might be interesting to read.

http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft

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He's using a trademark in his domain name, as his business name, and as an artist name. It would be a pretty easy case for the clothing company to win. Nothing that the clothing company is doing is unreasonable. They have a trademark and they're protecting it - it's not like "Mike Row Soft" where it's just phonetic, but it literally uses the exact same made-up word that was trademarked. That word is distinct enough that it can be easily protected. It doesn't matter that Brad isn't in the same industry or isn't (necessarily) making money. Like I'll be honest, once I have my trademark for zircon 100% registered (it's been sent off), if I see the "zircon" metal band get high in the search rankings I'd probably ask them to change their name.

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He's using a trademark in his domain name, as his business name, and as an artist name. It would be a pretty easy case for the clothing company to win. Nothing that the clothing company is doing is unreasonable. They have a trademark and they're protecting it - it's not like "Mike Row Soft" where it's just phonetic, but it literally uses the exact same made-up word that was trademarked. That word is distinct enough that it can be easily protected. It doesn't matter that Brad isn't in the same industry or isn't (necessarily) making money. Like I'll be honest, once I have my trademark for zircon 100% registered (it's been sent off), if I see the "zircon" metal band get high in the search rankings I'd probably ask them to change their name.

Okay, but what if prophetik had...I don't know, a music review site under the same domain name. Would that still be a problem?

From what I understand, trademarking something does not automatically grant you the rights to domain names that use it.

Also, about the metal band thing...I really think that's a dick move.

I understand that in that situation you would want to ensure that people would find you first but it still really bothers me.

I mean if this is the band you're talking about...they've been using that name for 12 years.

I think it would be really not cool to ask them to change it.

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Yeah, I don't want to sound like an ass, but "Zircon" as an artist or music outfit is surely common enough that someone would have it trademarked already, wouldn't they? I see the disconnect there too. "Zircon" as an artist is surely an even more prevalent name than "prophetik".

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Also, about the metal band thing...I really think that's a dick move.

I understand that in that situation you would want to ensure that people would find you first but it still really bothers me.

I mean if this is the band you're talking about...they've been using that name for 12 years.

I think it would be really not cool to ask them to change it.

Agreed.

It's like what happened to Rhapsody (of Fire).

Stupid Real Player came around with a new product called Rhapsody and was like HEY LET'S TELL THEM TO CHANGE THEIR NAME OR FACE THE LAW!

Then, I can guarantee you, 100% of Rhapsody fans boycotted the product, and continued to hate RealPlayer (because seriously, 99% of the population hates RealPlayer, the other 1% is young girls who don't know any better.)

The story would undoubtedly go on Blabbermouth, then people who hadn't even heard of the Zircon metal band would hear about it.

So I dunno.

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Okay, but what if prophetik had...I don't know, a music review site under the same domain name. Would that still be a problem?

From what I understand, trademarking something does not automatically grant you the rights to domain names that use it.

Also, about the metal band thing...I really think that's a dick move.

I understand that in that situation you would want to ensure that people would find you first but it still really bothers me.

I mean if this is the band you're talking about...they've been using that name for 12 years.

I think it would be really not cool to ask them to change it.

if that's the band he's talking about then we've got nothing to worry about because it won't happen

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After reading through this thread, it seems to me that the safest thing to do is change your name, Brad. This company seems serious and unless you want to take the time and money fight this with no guarantee of winning, I'd suggest taking the safe way out. Not much weight to a new guy's advice, but good luck in whichever decision you make.

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I would tell him that real attorneys use certified mail, not email, and that they also don't type "alright." I would follow that by telling him to go fuck himself. That's just me, though.

EDIT after reading other comments: first, you can be certain someone from there is already reading this thread as people almost certainly looked at their site by clicking the link here. Second, I am ready to register prophetikdotcomsucksballs.com depending on the outcome. Keep us posted.

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Like I'll be honest, once I have my trademark for zircon 100% registered (it's been sent off), if I see the "zircon" metal band get high in the search rankings I'd probably ask them to change their name.

I wondered what was up when I saw that iTunes thought you and the metal band were the same artist. Their album "Vastlands" is listed as being yours in the iTunes store.

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Have fun Zircon... every time you see your TM being violated you HAVE to defend it!

Sometimes I think it's more trouble than it's worth.

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Like I'll be honest, once I have my trademark for zircon 100% registered (it's been sent off), if I see the "zircon" metal band get high in the search rankings I'd probably ask them to change their name.

Unfortunately that probably won't work unless they are really nice. Oh... Yeah they've had the name since 1997 (have they sold any albums commercially?), you probably could not win a case like that even if you trademarked your artist name. So IMO your best bet would be to ask nicely if they are no longer together, or maybe try this underhanded tactic of pressure like what's happening to Brad.

First to file vs. first to use

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Lol, I do believe we were all speaking in hypotheticals.

if death metal was hypothetically terrible then we would be

but it's actually just factually terrible so i'm not.

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I'd gently tell him to lick my stick and would send the e-mails to my spam folder.

lol legal my ass or I'm an outlaw

This would be an awesome installment of Chapelle's "When Keeping It Real Goes Wrong."

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I wondered what was up when I saw that iTunes thought you and the metal band were the same artist. Their album "Vastlands" is listed as being yours in the iTunes store.

Uggh, that actually is rather frustrating, though I'm sure a letter to apple would clear that up pretty quickly.

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Not to mention that zircon is a kind of rock. It's an actual word and trying to prevent other people from using it is kinda jerkish.

Zircon toured with Chthonic, who actually blew up to be a pretty huge band, their Takasago Army was my album of the year 2011. But yeah, maybe I should go out and trademark ReMix and be all like "YO YOU GUYS NEED TO CHANGE UR NAME!"

It's just not a cool thing to do. Especially if the other people have been using the name first.

The obvious and ethical solution to these issues is for the people who chose names that are already being used, to pick a new name. It probably won't be easy -- especially with all those business cards you printed up -- but it's the right thing to do, and in the end, you'll get better recognition, and won't have people saying, "Oh, I thought you were a hipster clothing store."

The Prophet of Mephisto was a bitchin' name and it's just begging for you to get in it again!

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The Prophet of Mephisto was a bitchin' name and it's just begging for you to get in it again!

iirc he had to change it because of school or something i dunno

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Not to sound like a broken record, but why have 2 different names anyway? "Brad Burr for the professional work, prophetik for remixes"... Your remixes seem pretty professional to me. You may not get paid for them though. And Brad Burr rolls right off the tongue, literally.

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The Prophet of Mephisto was a bitchin' name and it's just begging for you to get in it again!

i moved away from it for two reasons. one, prophet was cool but mephisto is wannabe metalfacerawkomgbbq and it sounds cool only to strange people. you get odd looks when mephisto is part of your artist name, particularly when you're attended a christian liberal arts college. two, it's super long and clunky, and i'm not a fan of being called tpom. prophetik is tight, clean, and quick, and it's relatively unique. well, not anymore.

i haven't heard from them since the letter from tbevibeshowroom (sic), honestly, and if they pursue it they're welcome to contact me via snailmail. i'm just deleting everything else that comes through the email pipe without reading, if anything else does. i mean, come on. it's obvious that they've got even less legal counsel than me, so i'll leave it at that.

edit: also, i really don't want to roll off your tongue. personal preferences and all.

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edit: also, i really don't want to roll off your tongue. personal preferences and all.

i don't think anyone wants to roll off brandon's tongue D:

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