Protecting a name may also involve stopping former group members from performing under the name either while you want to continue using it o after you have gone on to other projects. The best solution to this problem is preventive: decide early by contract what happens to a group name in the event the group dissolves. If no such agreement exists, a court may look at several considerations to decide who owns the name. Was the name previously used by one member? If so, that member may have a greater claim to it. Is the name the property of the business entity under which the group conducted business? If so, it is an asset to be distributed when the entity dissolves. For example, the group Rare Earth operated as a corporation and the group’s name was a corporate asset. When the group dissolved, the owners of the greatest percentage of stock in the corporation were allowed to continue using the name. will continued use of the name after a principal member or members have left confuse the public as to the make up of the old group or unfairly compete with the subsequent careers of the members who leave? If so, perhaps the name may only be used in connection with the original group lineup and no others. Stephen Stills and Neil Young, for example, successfully prevented the drummer for their former group, Buffalo Springfield, form using the name after they had left the group pursue solo careers.
Right of publicity
While it is clear that the unauthorized use of the actual name, likeness or voice of another is preventable, it is less clear that imitation or derivative use of the same may also be stopped.