Don't Panic — But Don't Ignore It
A cease-and-desist letter about a trademark dispute is serious but not automatically fatal. Your first step is to get a trademark lawyer to review the letter and assess the strength of the claim. Many cease-and-desist letters are sent speculatively — the claimant may have a weaker position than they're presenting.
Assessing the Strength of Their Claim
Key questions your lawyer will examine: Is the trademark actually registered (not just claimed)? In which countries or territories? In which classes (music and entertainment is Class 41)? When was it registered? Have they been actively using the trademark? A trademark can become vulnerable if the owner hasn't used it consistently. Also: is your use actually confusing consumers, or are you operating in a clearly different market?
Option 1: Co-Existence Agreement
If the trademark holder is in a genuinely different industry or territory, you may be able to negotiate a co-existence agreement — a formal arrangement where both parties agree to use the name in their respective markets without interference. This is the cheapest resolution if the facts support it.
Option 2: Challenge the Trademark
If the trademark was registered but never actively used, or if it was registered in bad faith, you can challenge it through the relevant intellectual property office (IPO in the UK, USPTO in the US). This takes time and money but can result in the trademark being cancelled. Your lawyer needs to assess whether this is winnable before you commit to the fight.
Option 3: Negotiate a Licence or Buyout
Sometimes the easiest solution is to license the right to use the name from the trademark holder for a manageable annual fee, or to negotiate a one-time buyout of the trademark. This is worth exploring if a rebrand would be more damaging than the cost of the deal.
Option 4: Rebrand Strategically
If the claim is strong and fighting or licensing isn't viable, a rebrand — while painful — can be executed well. Many successful bands have done it. The key is to control the narrative: announce it proactively, tell your story honestly, and bring your fanbase with you. Then immediately trademark your new name in all relevant territories.