There are a lot of issues going on in this dispute. First and foremost, unless the band suing you had some prior use of the name you later...

Is trademarking a business name important if you are the first to use that name?

Although you obtain common law trademark protection the moment you create and use a mark to promote goods or services in the stream of commerce,...

About trademarks

This means the trademark holder cannot prevent others from using the word "CLOTHING" in their marks or applications, so long as it does not...