Seeking Armchair Legal Advice!

Toolmaster Of Brainerd

You know what a loon is, noodle head?
Joined
Sep 14, 2020
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MN or NJ, depending on the season
Here is my band Jellyfish Jam! I'm in back playing my Custom 24, so there is PRS content here.

WQhuyF1l.jpg


Anyway, with the name Jellyfish Jam, what are the chances we get an angry letter from a lawyer at Nickelodeon? There is an episode of Spongebob Squarepants called Jellyfish Jam, as well as a song from the show called Jelly Fish Jam. I asked on TGP already, but I trust the people here a little more.
 
I'm not a lawyer, but as an audio engineer I mastered BAR exam lecture tapes each year. If anyone took the BAR in Ohio in the early to mid 90s, that was my goofy voice stating the obvious with, "This is the end of side one. Please fast forward and flip to side two." But I don't recall any info that would help in this instance.

But I'd go with it. Should a cease and desist letter arrive, I'd update the name to "Jellyfish Pam." Or "Jellyfish Jim," Jellyfish Slam," "Jellywishbone Ma'am," "Petridish Dam," okay I'll stop.

Anyway, here's a photo I took of a jellyfish jamming upside down.
kxHxYgE.jpg
 
I'm not a lawyer, but as an audio engineer I mastered BAR exam lecture tapes each year. If anyone took the BAR in Ohio in the early to mid 90s, that was my goofy voice stating the obvious with, "This is the end of side one. Please fast forward and flip to side two." But I don't recall any info that would help in this instance.

But I'd go with it. Should a cease and desist letter arrive, I'd update the name to "Jellyfish Pam." Or "Jellyfish Jim," Jellyfish Slam," "Jellywishbone Ma'am," "Petridish Dam," okay I'll stop.

Anyway, here's a photo I took of a jellyfish jamming upside down.
kxHxYgE.jpg
Our backup name is Jellyfish Jammers. But we'd rather stick with Jellyfish Jam if we can.
 
Do they trademark or copyright episode names?
Personally doubt it.
Even then, they're TV, you're a Band.

And even if you go viral, who cares if they come after you then, it would just mean YOU WENT VIRAL.
 
Although I am sitting in an office chair, I am willing to give you the following advice! This is advice is not "legal" in any way shape or form, and is simply my understandings of the legal elements of your query ;~))

You can NOT copyright a title. AFIK, I can write a book today called "War And Peace" and nobody can do a thing about it. Trademarks are a different ball of wax. Trademarks are when someone (usually a corporation) says, we are going to use the name "Jellyfish Jam" for our new audio series of musical singles we will be releasing (Jellyfish Jam 1, Jellyfish Jam 2, Jellyfish Jam 3, etc.). They need to trademark it for use in specific field(s) is the point. In that case, there could be a trademark violation. But a cease and desist letter, complied with, would be no reason to worry as you would simply change the name to "Jollyfish Jam", and they could never prove they had suffered any harm in their product line because nobody was confused about whether they were buying the Nickelodeon content or the PRS supplemented content.

Long and short is, I don't believe you have a thing to worry about, even if you were to receive a letter. If that letter is received however, I would seek professional legal assistance to determine what your actions could/should be, but a simple name change I am sure would suffice. Jam on Jellyfish Jam!!!
 
Jelly Fish Jam not equal to Jellyfish Jam

I stayed at a holiday in Express last night so this clearly is right..

you are also not a song, nor a sponge.. you are a band so theres that
 
I would think you are in no more danger of this than the hundreds (thousands?) of tribute bands that take their names from song titles of the bands they are tributizing(??). I wouldn't worry about it until if and when somebody asks you to stop.
 
Here is my band Jellyfish Jam! I'm in back playing my Custom 24, so there is PRS content here.

WQhuyF1l.jpg


Anyway, with the name Jellyfish Jam, what are the chances we get an angry letter from a lawyer at Nickelodeon? There is an episode of Spongebob Squarepants called Jellyfish Jam, as well as a song from the show called Jelly Fish Jam. I asked on TGP already, but I trust the people here a little more.
I’ve been to lots and LOTS of doctors and my wife has worked with many lawyers. If I were you, just for the jollies, I’d look into copywriting/trademarking the name. If it’s already taken, you have your answer. If not, and it’s not expensive (screw it if it costs too much), you have the fun of putting that little “c” next to your name and some bragging rights.

Also, in the 70s I “borrowed” this image, deleted the fourth dude, altered the heads to look somewhat like our band (Truckin) members, and plastered it on our drum and used it for several years until our interest in girls overpowered our interest in making music. (We we’re doing it for the girls anyway)
Nobody came after us. But then, we also didn’t have the internet and had next to zero exposure.
 
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I’ve been to lots and LOTS of doctors and my wife has worked with many lawyers. If I were you, just for the jollies, I’d look into copywriting/trademarking the name. If it’s already taken, you have your answer. If not, and it’s not expensive (screw it if it costs too much), you have the fun of putting that little “c” next to your name and some bragging rights.

Also, in the 70s I “borrowed” this image, deleted the fourth dude, altered the heads to look somewhat like our band (Truckin) members, and plastered it on our drum and used it for several years until our interest in girls overpowered our interest in making music. (We we’re doing it for the girls anyway)
Nobody came after us. But then, we also didn’t have the internet and had next to zero exposure.
Jellyfish jam is not trademarked, but it will cost a couple hundred dollars to trademark. If we start making money as a band, we'll find a cheap lawyer to actually give us the informed opinion on if our name is okay, and get it trademarked.

However, Spongebob is of course copyrighted. I think what we're worried about is nickelodeon seeing us as an intellectual property infringement. But I know almost nothing about how all this works.
 
“Who lives in a pineapple”

To the tune of “Darlin”
We're a death metal band. We plan on opening our set with a death metal version of the SpongeBob theme song. But that's it as far as our Spongebob inspiration goes. Everything else we play is unrelated to Spongebob.
 
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