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The Daily Cardinal Est. 1892
Friday, November 08, 2024

USPS going postal over the Postal Service

What's in a name? Does it really matter what a band calls itself? A band's name will not improve its sound or talent, nor make it any worse. A band name needs to be catchy and creative in order to attract some sort of attention. 

 

 

 

However, bands need to be careful when choosing a name so they won't infringe on any other previously named entity and be sued. The band Postal Service has endured a year long battle with, you guessed it, The United States Postal Service. 

 

 

 

Ben Gibbard and Jimmy Tamborello, the geniuses behind Postal Service, the band, were writing and recording Give Up in different locations, and each would use the United States Postal Service to mail music to each other as they made progress on the album. Inevitably \Postal Service"" became their name, and the rest is history-well at least we all thought. 

 

 

 

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In 2003, Postal Service received a cease-and-desist order from the actual United States Postal Service over name rights. After one year of negotiations, however, both ""Postal Services"" negotiated and settled the issue, which will ultimately benefit both parties. 

 

 

 

In the settlement USPS is allowing the band to keep its name, and even promoting them. The USPS is thinking about using some of Postal Service's songs in commercials or promotions, which would give them more exposure and a new audience.  

 

 

 

Additionally, the USPS is concidering to distribute Give Up at USPS outlets. Probably the most hilarious part of the agreement is that the Postal Service is required to play at a USPS conference, which will be attended by high-ranking Post Office officials. This last condition is probably the worst thing the band had to deal with in this situation.  

 

 

 

All in all, Postal Service chose its name well and ended up getting a pretty good deal because they will, most likely, receive more attention; it seems as though they won the settlement. 

 

 

 

Still, many bands exist that seem to infringe on the names of other entities, but are able to get away with it. Take cities for instance. Both the bands Chicago and Boston clearly use the name of major metropolitan areas. Yet, they were never sued by the respective cities or states for violating name rights. Maybe the cities should require them to play a free show each year and at each street corner the city should set up kiosks to sell their albums and other merchandise to passers-bys.  

 

 

 

What about when bands assume the name of historical figures? Yes, bands have indeed done that in the past. Take Franz Ferdinand for instance. 

 

 

 

Franz Ferdinand. Yes, today the name rings a bell as a band known for the song ""Take Me Out."" A little less than 100 years ago, however, Serbian nationalists who wanted independence assassinated the Archduke Franz Ferdinand, prince of the Austrian Empire. This event became the catalyst for World War I.  

 

 

 

While Franz Ferdinand the band is great, Archduke Franz Ferdinand would ultimately win. He started World War I, and that just can't be beaten. There's a nation of millions who'd hold the band back, and in the end, Franz Ferdinand would end up playing war re-enactments to history classes. 

 

 

 

Similarly, the all-female trio modified the name ""Rasputin"" to call themselves Rasputina, find themselves in a battle they cannot win. Those who took Russian history remember Rasputin as the mystical monk who influenced the lives of Tsar Nicholas II and Alexandra. This band uses the gothic and mystical nature in their style and music, which is strangely reminiscent of the real Rasputin. But he miraculously escaped death several times before he was actually executed. You can't beat him in any kind of fight, legal or otherwise.  

 

 

 

Bands face pressure when choosing a name, so they should choose wisely, avoid competing with some other figure with the same name and just stop using ""the."" A word of advice, don't name your band after the IRS, FBI or CIA, since those government bureaus may not be as light-hearted about the whole name situation as the USPS.  

 

 

 

Postal Service seemed unique, but had its flaw, which actually ended up for the better. Who knows, maybe Gibbard and Tamborello's faces will be on a stamp someday. I'll pay 37 cents for them to be on my mail. That should be in the agreement. 

 

 

 

-Beth Wick is a junior and would major in rock and roll should the UW offer it. Her column runs every Wednesday in The Daily Cardinal. She can be reached at eawick@wisc.edu.

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