Trioxic.

[DeadBurgerKing (10)]

Insert from my blog:

I assure you all that 'Trioxic' is MY creation. I even ran 5 seperate searches to make sure the name was NOT used previously. I even disccussed it with a few friends. Based on our discussions WE came up with the name 'Trioxic'.

Keeping that in mind I get this:

"From: Noey

Date: Jun 25, 2007 4:14 PM

Way to ruin my name. I also like how you "came up" with trioxic by using the same explanation i typed in my personal website about...ooohh...7 years ago."

Pretty funny eh? Someone apparently is so envious of my name he wants to claim it was HIS idea. Well, even IF it was, it''s his fault for not trademarking the name and making it known that the name was used. But to claim my explanation was HIS idea is clearly not true considering that me and a FEW friends came up with the idea.

So, I don't even know this guy let alone this supposed websire where I 'stole' his idea. From SEVEN years ago non the less. I think this guy is just looking for a way to steal my idea.

Anyone know how I can attain legal rights over my name?

[EAF (1)]

I know a copyrighting law exsists for writing...(and is therefore the only one I know)...however for music it might be about the same, in which case the name cannot be a common place name otherwise no one can coin it...however I highly doubt Trioxic is on that list...lol

This seemed kind of specific and might offer some help...maybe...

https://answers.google.com/answers/threadview?id=721403

I am also going to look up the U.S. Copyright office though and see what I can make of it...I can't sleep and this seems like a good cause...XD

[BrassFusion]

Trioxic shows 314 hits on Google. Maybe 20 of those are yours. You shouldn't be surprised that someone else has used it in the past, and honestly... deriving "three" and "toxic" from the word "trioxic" is pretty obvious.

If the guy's not a musician, or hasn't used the nick to promote himself in any way, it hardly matters. He's just a boring loser and you have nothing to gain by engaging him.

I'd be much more concerned about www.trioxic.com.

[BrassFusion]

Oh, you know, never mind... Noey@trioxic.com? Give it up. He's had the domain registered, man. Next time do a more intensive search to confirm originality, jesus...

[EAF (1)]

Legally though, if they didn't use it as a band it's still free to use, because even if they did then it is a matter of whose was made first, because leaglly once something is made, it is compyrighted throgh it's exsistance...paperwork wise though you have to pay like $45 and send it in to get a certificate...or at least that is what I was able to gather...XD

[Scales]

He might of came up with it first for his graphic design site, but obviously you didn't know that. As long as he isn't threatening legal action he's basically just whining (no offense to the guy).

[Absinthe]

Ya know...I have a comment but I won't comment...some people just ALWAYS have something to say...grrr....NEVERMIND.

ANYWAY....We worked on this problem tonight together. Everything will work out just fine. Your all good.

[DeadBurgerKing (10)]

Well the thing is that 'www.trioxic.com' is REALLY new. So unless he can provide proof that the site was up before I came up with the name, who's not to say he got the idea from me? But it may just be a coicidence, but the thing that pisses me off is that he says I stole the idea from a website of his. The idea was mine alone...he may of had a similar idea...but I did NOT steal anything from anyone.

But thanks to Joni the subject is taking care of. I registered on bandnames.com (thanks to Troy for the idea) and I now have legal rights over the name. The certificate is in the mail. So, YAY ME!!

[Absinthe]

He might of came up with it first for his graphic design site, but obviously you didn't know that. As long as he isn't threatening legal action he's basically just whining (no offense to the guy).

agreed.

[know_buddy_kares]

Get legal ownership of it first. I mean if it's that important where you don't want another name, then do it, if not, find another name.

My thoughts on this, dude, nothing is completely origional. It's like rule 34, if it exists, there's porn of it. So this little rule, if you thought of it, it's been thought of before. But it's like my name, Vampyro Sinistral. You COULD say I copied it from Vampiro from Dark Lotus, however at the time i made it i was in iraq, and I didn't know about the whole ICP scene that well. I never even heard of dark lotus. I think this is similar in your case. I'd be a bit upset if someone went and took my name and claimed it as their own for musical profit given that's a pipe dream of mine however, you're actually doing this now with yours, he's not. Most he'll do is bitch a fit, and since he's a nobody on the internet, his voice won't be heard that much at all.

Also I wouldn't worry about him trying to take any legal action on it. Unless he legitly wants to use it for profit and peformance, it would be a waste of his time to try to sue you for stealing a name, and possibly costly on his part if he wants a good lawyer to better his chances. Why would someone waste their time and money to claim a name that they have no serious intention of using for publicity and profit? Just to have it as their own net name? It's not going to happen man, I wouldn't worry. He's just blowing off hot air.

In the end, nothing we think of is 100% origional...

..to seek origionality means you seek out something the fewest people have already thought of.

I've googled my name, and honestly, nothing ever has come up that wasn't about me. However, I'm sure somewhere, someone else has came up with the Vampyro Sinistral name somewhere, but hasn't made an impact on any search results yet.

[DeadBurgerKing (10)]

I agree, but I tried very hard and was proud to think it was original. Beh, oh well...it's registered on bandnames.com under my ownership now. So, legally, it's mine! Yay! lol

[know_buddy_kares]

I agree, but I tried very hard and was proud to think it was original. Beh, oh well...it's registered on bandnames.com under my ownership now. So, legally, it's mine! Yay! lol

good, and you did think of it yourself and not just see it somewhere so it's still got personal origionality to it. Don't let that crybaby bust up your groove dude.

[Der Nister]

Don't sweat it DBK - if this other band that claims to have had the name isn't famous, it belongs to you.

Nirvana had to deal with some assholes that made similar claims and we know who kept that name.

Kepp using it and don't look back bro.

[Absinthe]

I'm glad it all worked out for you hun. ***hugglez***I KNOW you are going to be famous one day.

I have to admit though, every time I hear Trioxic I think of a herpes remedy. Speaking of which, you notice on those commercials for Valtrex how each time the people are either on a canoe, or biking, or taking a hike. People wonder why I refuse to go camping. Isn't it obvious? You can get and STD from outdoor activities.

[Fierce Critter]

Look for my thread in here about trademarking band names. There are links there to webpages discussing trademarking your name and why you should/shouldn't do it, the legalities behind it, and a link to the federal trademark website on which you can do a preliminary search to see if it's been trademarked already.

******

Edited to add:

Link to my thread about trademarking band names

Also, please do read that carefully. Registering your name on bandnames.com isn't, I don't believe, going to protect you legally.

I searched trioxic on the website I link to in a post in that thread. It does not come up as trademarked. But if the other guy can prove he's used it longer than you, you're basically screwed. All he has to do is present a dated band flyer, dated CD, etc with a date prior to anything you have and he'd probably win the rights to the name.