Band names: Fair use or copywright infringement?

Question

Something that's been gnawing at me for a while: Fall Out Boy's name is an obvious reference from "The Simpsons" (The sidekick of comic book star Radioactive Man). Apparently the band did not know where the reference came from before choosing the name, and when they found out its origin, they feared litigation from Fox. The people behind The Simpsons are aware of the name, and have taken no action.
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My question(s) is/are: Does a case like this constitute Fair Use? Is using a name in a completely unrelated field allowable? Might it fall under parody?

Or is Fox within its rights to give the band a Cease and Desist order? Do their completely unrelated fields work against Fox in establishing potential confusion in the marketplace?

Answer 1

Basically, it all depends.

A lot of bands/artists have used names that are trademarked/copy-written, with some having to change due to the threat of a lawsuit (Eminem was MNM, until Mars threatened to sue), and others being able to move on, being allowed to use the name. Really, it all depends upon the opinion on the person with the rights to the name/brand.

Parody is using something in a fascias manner, not really defaming the name or character.

If the band could prove that they did not know they were using the name of a character from the show, then they may be in the clear. It would all depend on if they wanted to use their signing money to go to court and prove it or not. But The Simpson's' creator, Matt Goenig (spelling), appears to be a rather laid back person, and one that might find it more flattering than defaming, and would leave it alone. I don't know if Fox has any right to issue a cease and desist order, unless they own the rights to the show. They pay for the episodes, but the one that would have the rights, unless he sold them, would be the show's creator.

I think the best person to answer this would be a person that specializes in copyright laws. I know only basics from my years in graphic design and advertising. . .

Answer 2

Another band used a name from the show. I think it was Lazlo or something.