Former members of the goth rock band Evanescence joined forces with "American Idol" alumni Carly Smithson to form a new band called The Fallen. The trouble is, there is already a band by that name. The original The Fallen hails from Philadelphia and upon learning of the new band's name filed a cease and desist order. Following that order Ben Moody and his bandmates have decided to call themselves We Are The Fallen.
The band's new single "Bury Me Alive" is available from their website at www.wearethefallen.com. The band plans to release more singles via the website until the release of a full length album some time next year.
A similar instance of multiple band names surfaced when Tommy Lee, Jason Newsted, and Gilby clarke decided to find a new lead singer for their band via a reality TV show like "Rock Star: INXS" did the previous year. The band chose the name Supernova and Lukas Rossi as their new singer. A California band had already chosen that name and filed papers in court to stop the supergroup from using the name. The California boys won and the supergroup chose Rock Star Supernova.