FROM THE DESK OF

FROM THE DESK OF... SHELLY HARRIS

GOING POSTAL AS A BAND

by: Shelly Harris / Entertainment Attorney

QUESTION: I want to eventually open up a P.O. Box for my band to receive any correspondence relating to our band and/or how to contact us.

What I would like to know is, how do I go about having a “name” legally, such as “Punk Rock Enterprises” or “We Love Music Management” or something along those lines? Can the words “management” or “productions” also be used, or do I/we actually have to “manage” or “produce” something or somebody?

I’m inquiring because I personally think it’s not as professional to just say or have it printed in our press kit, “contact us at P.O. Box...” I would prefer some type of “company” name and I would like to know the best way to go about this at a reasonable cost and in accordance with applicable laws.

ANSWER: You could get a P.O. Box in any of those types of names – no problem –– regardless whether it is really an official “paper” management or production business or not.

Those terms are broadly used in the first place, for a variety of activities, and you really wouldn’t have to do anything legally at all as far as the name is concerned -- as long as you are not actually doing any real business using such names. (See www.usps.com for more information about setting up a post office box and applicable fees, etc.)

In your case, it sounds like you do not plan on actually running a business under the name you will be using because your objective in setting up the P.O. Box and fictional or “dummy” business name seems only to be to receive correspondence, etc., concerning your band.

However, if you do plan to do real business such as selling your music or merchandise using that same name, it would be advisable to at least set up a “Doing Business As” (aka DBA) account with your bank under that business name in order to recieve, cash, or issue checks under that name. The bank will have such forms on hand, and the name should then additionally be registered with the county where you or your post office box is located.

Also, if you are going to be doing real business under the name you using, another possible safeguard as far as limiting your own personal liability in the event of a business-related suit against your business is to also form a limited liability company or corporation via the Secretary of State where you reside. (Note that an actual address ––- and not a mere post office box –– in whatever state you are doing business in is required for formation of such legal entities.) Whether this last option is something you should pursue will depend on the volume and nature of any real business you do using the “band business” name of your choice, and that is also the case is you choose to do any business under your own band name itself. Fees for state business registration will vary, depending on the state, from $90 to as much as $500 or more.

As far as the actual name choice, whether it is just a “dummy” name being used to receive band mail to present a more professional aura, or whether it is an actual and “real” business name, you again do not have to worry about generic and general designations like “enterprises” or “management.”

On the other hand, as is the case with your actual band name, you definitely should make sure that the other part of the name that is not generic is not being used by any other similiar business in the state. (You might do a name search on the Secretary of State website in the particular state you are doing business in.)

Morever, just like your band’s name, if you are doing any interstate business at all, and particularly if you will have a band website that also includes references to the other “business” name you are planning on using, you should check with the U.S. Trademark and Patent Office, and via other research avenues, to make sure no one else with a similar name and similar “type” of business is using the name you want to use nationally, lest you be sued or enjoined from using the name by someone who has already been using it or who has a prior and current registration of the name with the USPTO.

Write to Shelly Harris at: shellyharrislaw@aol.com

Back to Top

Web Design By:
6 String Design