Can Bandmates Use the Name After a Break‑Up?

Can Bandmates Use the Name After a Break‑Up?

If you’ve ever sung along to “Reminiscing” or “Help Is on Its Way” on a Gold radio station, you already know the magic of Little River Band.

The Melbourne-based band rose from humble pub performances in the mid-1970s to global superstardom. With more than 30 million albums sold and legendary hits like “Cool Change,” “Lonesome Loser,” and “Lady,” they were even inducted into the ARIA Hall of Fame and briefly.​

But there’s a plot twist: the Little River Band trade mark case—We Two Pty Ltd v Shorrock (2002)—is still making headlines for creatives and business owners everywhere.

Why? Because the drama isn’t just old band news. It remains a living lesson for anyone in a partnership—bands, design studios, influencers, gaming teams, startups—even family businesses—who files a trade mark and forgets what it means for ownership, legacy, and control. When people start a business or creative project together, like a band or design studio, they often rush to register a trade mark without really thinking about who owns it and what that means later. The law in Australia is simple on paper: whoever is listed as the trade mark owner on IP Australia’s register controls the name. But in real life, that can get complicated very quickly and this is how: If one person or company files the application without agreement from the others, they become the legal owner — even if everyone contributed equally to building the brand.

While the others might still feel it’s “their” name, the law might have something else to say on this.

If the group splits or the business partners go separate ways, the person holding the registration may sometimes be able to stop everyone else from using the name, logo, or anything connected to the brand.

Problems also come up when the person who owns the trade mark isn’t the one actually using it.

There are bigger business consequences too and that’s what makes cases like We Two Pty Ltd v Shorrock such powerful reminders. As the court noted, the parties should have sorted things out long before it escalated: clear agreements save time, money, and relationships.

For anyone starting a venture — whether it’s a startup, family business or music group — trade marks aren’t just an administrative step. They’re a symbol of ownership, value, and identity.

At Sharon Givoni Consulting, we’ve seen how quickly creative success can turn into a legal standoff when the ownership details aren’t nailed down from day one. And nowhere is that clearer than in one of Australia’s most famous musical legal battles — a story that hits all the right (and wrong) notes about brands, trade marks and timing. Let’s take a look at it…..

The Band Behind the Battle

Founded in 1975 by Glenn Shorrock, Beeb Birtles, and Graeham Goble, among others, Little River Band built their brand with layered harmonies and great lyrics.

As the members came and went, the business side of the band slowly changed too.

In 1987, the group set up “We Two Pty Ltd” to manage its rights.

At first, all the members had an equal share in the company. But by the end of the 1990s, things looked very different. The guitarist Stephen Housden, became the sole director and owner after the founding members sold their shares and moved on but what began as a musical partnership had turned into a one‑man business holding all the rights to the band’s name.

Life was good you could say, until some of the band members reunited to perform as “The Original Little River Band” and put their history across posters, bookings, and promotional materials.

The matter went to court

When the dispute finally landed before the Federal Court, Justice Raymond Finkelstein was faced with a story full of irony. Stephen Housden, through his company We Two Pty Ltd, held the official trade mark registrations.

The three founding members argued that they had used the name first and that Housden’s company hadn’t actively used it in recent years. They claimed the trade mark should be removed and returned to them.

But Housden came prepared and showed documents showing the trade marks had been used.

The court accepted a settlement that left the trade mark, logos, and website in Housden’s hands. The founding members were allowed to describe themselves as words like original members of Little River Band, but they could no longer perform or release material under the name itself.

The judge said:

“It is sometimes very difficult to determine whether or not particular words which have the appearance of a mark are purely descriptive and are not used as a trade mark. However, it is my opinion that, if the case had gone to judgment, We Two could well have succeeded.”​

His also said:

“I cannot help but think that these parties should have made a greater effort to sort out their differences before coming to court…”

Collaborative projects can fail if nobody wanted to talk legal logistics before the fun started.

Hidden Lessons in Every Creative Venture

This isn’t just a story for music fans. The same nightmare is playing out today in influencer collectives, design partnerships, gaming startups, and family-run ventures—anywhere people build brand value together.

These kinds of ownership fights aren’t just for bands. They happen everywhere creative people work together. In gaming and esports, a catchy team name, logo, or handle might be registered by one player or a sponsor, leaving others with no rights when someone goes pro or moves on. The same thing happens in design collectives or studios when partners build a name together—then clash when one director retires or starts a new venture. Influencer groups often face it too: a manager or founder registers the group’s name on social media or as a trade mark, and when the others leave, they can’t use it anymore. Even tech startups aren’t safe.

Founders register their app’s name or slogan, then find out later that investors or new directors hold the trade mark. No matter the industry, the real question is always the same — who actually owns the name, and what happens when the team that built it falls apart?

Don’t Let YOUR Legacy Disappear

Before you register a brand name, file a trade mark, or start your next venture, it’s worth stepping back to think about the legal foundations. The real question isn’t just what you’re registering, but who you’re registering it for, and how that ownership will work if things change.

At Sharon Givoni Consulting, we work with start‑ups, family businesses, creative agencies, bands, influencers, esports teams and entrepreneurs to set up trade marks that genuinely match how their ventures operate. We make sure the right person or company is recorded as the true owner, and we draft the necessary agreements — whether that’s a trade mark assignment, joint ownership agreement, licence, or partnership contract — to protect everyone’s interests.

FAQ

What are moral rights in Australia?
They include the right of attribution, protection from false attribution, and the right of integrity against derogatory treatment or destruction.

Can friends or team members share a trade mark?
Yes, but it needs to be clear from the start. A written agreement can outline how the name is used, who can licence it, and what happens if the group changes. Without one, it’s easy for someone to lose access to the brand they helped build.

Is a business name the same thing as a trade mark?
If the trade mark isn’t tied to a clear agreement, the departing person might keep using the brand, or the company might lose control altogether. Sorting ownership early prevents messy disputes later.

How can Sharon Givoni Consulting help with these problems?
We help businesses and creatives put their ownership and licensing arrangements in writing, register trade marks correctly, and check that everyone’s rights are protected.

---

Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.