You dont have to copyright a name to use it, Nirvana went on for quite a while before they even knew that there was a previous band called Nirvana, the original Nirvana attempted to sue Cobain and Co, and they reached a settlement. Basicly its not illegel to use another bands name unless that band decides to take legal action, an example of this would be that there were 2 bands named Styx in the 70s, legal action wasnt taken from either band, so it wasnt a issue.
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