Manager intimidates me with cease and desist?

Questioner

I am an upcoming musician, with a few songs released (including on various record labels). I do this under the artist name B. Today I received an email in which the manager of the Australian duo B. threatens to issue a cease-and-desist if I do not change my artist name. I have forwarded this email to my label, who says that I do not have to stress about it and that it is all just bravado on their part (an international lawsuit would be too expensive) but I do not feel comfortable with it at all. I do not know if they really intend to go through with this, because if this really happens, I do not have the money to hire a lawyer. I also have no idea what my rights are at the moment and whether they even have a good legal position. They have had a European trademark on the name B. since April this year and their general point is that my name would cause too much confusion. I do not notice this myself. When I do my research on B. I find it hard to believe that they notice anything. They have shows all over the world. To me this sounds like a big artist trying to bully a small artist, but I don't dare say anything about it. Is there anything I could do at this point?

Lawyer

This is indeed a complex situation. Let us try to understand it step by step. In principle, under European trademark law, the owner of a trademark can oppose the use of an identical or similar name, if such use is likely to cause confusion among the public. This applies not only to registered trademarks, but also to trade or company names that are locally known. Whether there is actually a likelihood of confusion depends on various factors, including: the similarity between the names, the similarity between the type of music, the degree of familiarity of the names, and so on. If the Australian duo has a European trademark on the name B. and you also make music under that name, that could indeed lead to a possible trademark infringement. If they actually take action, this could lead to a ban on the use of your artist name and possibly damages could be claimed. What to do? In your case, there are several options: 1. Take the risk and continue with your current name, possibly leading to further legal action on their part. 2. Proactively change your name to avoid potential legal conflicts. 3. Contact the duo or their management to come to an agreement. Perhaps an agreement can be reached where both parties can continue to use the name with certain conditions. 4. Contact a lawyer or attorney for specific legal advice. While this may involve costs, it is important to understand where you stand legally. Please note that this is general information only. I would strongly advise seeking professional legal advice to discuss the situation and understand your specific rights and options.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer