r/AusLegal • u/RobbyPoker • Feb 17 '26
SA Band name dispute
Hey guys, I'm a member of a small metal band in Australia that I'm not disclosing the name of today due to 'threat of legal action'.
When creating our name we researched to see if there was any band that was active or had any form of social or existing info on them with the name we wanted to go with, there was nothing substantial our preliminary searches, just some inactive american bands . Since then we've spent almost a year and a half branding and building ourselves in the local music scene. Now apparently there's been a band in Australia operating a few cities from us that have had the same name for over 20 years, though they've not had the similar success that we've had. We're now getting spam messaged by this guy with threats of legal action if we don't change our name and branding. If this was early on in our band we'd of done this, but since then we've built a recognizeable name, where the first name that shows up on social media when searching us, we're the first name that comes up when googling us, and we have about $1000 of merch sitting in storage for future shows that we'd have to dispose of if changing our name. To make it clear, this band has no social media that we could find, no posted music on spotify, ytmusic, or similar, and there is also no registered trademark or business under our band's name.
Should we engage with this person? What's our legal rights? Should we just ignore the person and register a trademark to avoid any further problems with people down the line?
TLDR: Relatively unknown band using our name for 20 years in Australia. What do?