How to copyright a perfomance name?

[thenewlaw]

What is the name of your state (only U.S. law)?

I have recently gotten big into the entertainment business and do shows under a stage name. How can I get that name/service protected under law? Thanks in advance.

 

[FlyingRon]

You can't copyright names.

What you want is a trademark. You get a trademark by using it in commerce (which you appear to be doing). Additional protections are garnered by registering that mark. If you get paid money under that name, you may find it convenient to register the name as a fictitious name (also known as a d/b/a or a t/a). In certain performance spaces, you also can get some level of protection by registering the name with certain performing arts groups.

Of course there are no "trademark" police. If you find someone using your name you can assert your rights, but if a kind letter doesn't stop it, you're going to need a lawyer and court case to get it to go away.

 

[quincy]

To add to what FlyingRon has said, the entertainment business with the same name can assert their rights in the business name and is more apt to do this if the name is registered with the state of New Jersey and/or federally registered.

If the entertainment business has been using the name longer than you have and finds your use of the name confuses consumers into thinking you are affiliated with, endorsed by, sponsored by or in any way connected with their business when you aren't, you may find yourself with a legal challenge to your use of the name, especially if your fields of entertainment overlap. It will often be the first to use a name in commerce that will have greater rights to the name and can prevent the use of the name by others.

Facts matter, though. If you have been using your performance name publicly for some time without conflict, the entertainment business may not find your use infringing on any of their rights. You can check with an attorney in your area, though, for a better assessment of your legal risks.

Good luck.

 

[thenewlaw]

Thank you guys. I see I have a lot of questions that definitely get very technical. Do you have an entertainment law firm you can recommend? I will 100% be needing professional consultation.

 

[Silverplum]

Thank you guys. I see I have a lot of questions that definitely get very technical. Do you have an entertainment law firm you can recommend? I will 100% be needing professional consultation.

We do not provide recommendations here.

 

[quincy]

Thank you guys. I see I have a lot of questions that definitely get very technical. Do you have an entertainment law firm you can recommend? I will 100% be needing professional consultation.

You can visit the New Jersey Bar Association website to find attorneys/firms in your area who specialize in entertainment law.

 

[quincy]

Here is a link to the New Jersey Bar site: http://www.njsba.com/resources/

I think you are smart to sit down with a professional in your area. We thank you for the thanks.