Band Name Etiquette

What happens if you want to call your band a name in Australia, but you find out that there's a (non-famous) band in England with the same name (including a website and myspace page). Can you still call yourself the same name and see who makes it big first?

No. Not at all.
Although The Australian Doors or Abbaration are acceptable as alternatives to the proper names, as an example.

So what you're saying is that you can't take a name that is already taken, even if that band isn't famous?

There´s like 3 bands named Nirvana... yes we all know about the one!

Can you still call yourself the same name and see who makes it big first?

Yes

The Beat were known as The British Beat or The English Beat outside of the UK, because of The Beat (who were never as well-known as the ones from the UK)

Now that TP has spoken, I'm gonna take that name fo sho.

I've got CDs by both the 60s UK Nirvana & those guys from Seattle, & by the UK & US Kaleidoscope. Then there were the British (as in Cliff Richard & The) & US Drifters. The British ones changed their name to the Shadows.

You really need to choose a distinctive & (preferably) several word name.

I've got a great idea for a name: but someone else is already using it. :)

But they're not famous and they might break up next week.

Just add and umlaut over one of the vowels. Although that means you're pretty much committed to being a speed metal band.

Depending on how original the name is e.g. The Doors vs. Bare Naked Ladies combined with the fact that the other band is in the U.K. and you're in Oz I would think you really don't have an issue. If you're really concerned you need to talk to a copy right lawyer who knows international law and go with what he directs you to do.

People with the same names co-exist peacefully enough, so I don't see why bands can't do the same...

e.g.
Paul Kelly -v- Paul Kelly
Maysa -v- Maysa

Mind you, Bono felt he had to change his name to something silly out of respect for this guy

Well that's an interesting link, but Wikipedia doesn't mention Paul Hewson. For sure you must be taking the piss.

What about the way The Raconteurs have to rename themselves The Sabateurs for the Australian market? Cos some crappy Queensland band refused to give up their name for a half decent amount of money. And Blink 182 had to add the 182 because of an Irish band called Blink.

If you do get big, you may have to pay out to some bunch of eejits. However, surely every original band name in the world is taken by now!

#12 - and Paul Kelly

I was in an occasional band, with a website, but no myspace, when a bunch of upstarts in a town not 90 minutes down the road called themselves the same thing and became mildly famous.

I suggested to our "leader" that we just call ourselves something else, since the name was not that important to us, and we were unlikely to lose too many bookings, but he decided to take firm and decisive action - by sending them a sarcastic email. To his surprise they didn't foldimmediately but ignored him and proceded to tear up the obscure indie charts. For our most recent gig, the venue posted the other bands bio in the local paper, thanks to google and cut & paste no doubt.