need legal advice for trademarking an artist name.

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-- need legal advice for trademarking an artist name.
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Posted by movingincircles on May-02-2009 03:10:

need legal advice for trademarking an artist name.

So I came up with a unique name for my artist name. When I typed it in youtube however, there's one video of another artist going by the same name performing a liveset in 2007.
I searched on google and he hasn't released any sort of tracks. I saw his myspace music page and he just posted a snippet of his liveset.

Am I allowed to still trademark and use the name as an artist?

Posted by freakster on May-02-2009 03:31:

your name is not unique if there is already someone using it

Posted by movingincircles on May-02-2009 03:45:

quote:
Originally posted by freakster
your name is not unique if there is already someone using it

he isn't currently using it, his first and last performance was in 2007

Posted by Sushipunk on May-02-2009 04:00:

quote:
Originally posted by movingincircles
he isn't currently using it, his first and last performance was in 2007

So you want to have the same (unique lol) name as some guy did back in 2007? Why?

Posted by daphunky1 on May-02-2009 06:11:

Don't be so hard on the guy. How unique can you really be? There are only so many names out there. Did DJ Dan really think he was the first one to think of such a unique name? (Well maybe he did, I don't know).

Posted by Mr.Mystery on May-02-2009 07:10:

He had it first. Tough luck.

Posted by enydo on May-02-2009 07:13:

Second Sun II Vol. 2

There's a good name.

Posted by Mr.Mystery on May-02-2009 07:35:

Ti�sto The Second

Posted by wing on May-02-2009 08:14:

everything's already been done, but if you want the name that bad get more exposure with it than the other person

battle for it sucka

Posted by Real on May-02-2009 09:05:

Re: need legal advice for trademarking an artist name.

quote:
Originally posted by movingincircles
So I came up with a unique name for my artist name. When I typed it in youtube however, there's one video of another artist going by the same name performing a liveset in 2007.
I searched on google and he hasn't released any sort of tracks. I saw his myspace music page and he just posted a snippet of his liveset.

Am I allowed to still trademark and use the name as an artist?

Posted by Sushipunk on May-02-2009 09:09:

quote:
Originally posted by Mr.Mystery
He had it first. Tough luck.

This.

Someone already had the idea. Someone that isn't the OP. I'm sure it was a really good name and all, but it's not unique. It's not special.

Think of a new name.

Posted by Sykonee on May-02-2009 09:25:

How many producers end up with the similar aliases? Just take a look at Discogs for how common it happens. Use the name if you want. Unless you become immensely successful, however, I wouldn't count on being able to trademark it.

Although, The Movement were able to trademark their 'unique' genre, hipno...

Posted by Damerchi on May-02-2009 09:39:

5ub5titute

Posted by Chimney on May-02-2009 10:56:

Just use your real name.

Posted by Sykonee on May-02-2009 11:07:

quote:
Originally posted by Chimney
Just use your real name.

What if it's John Smith though?

Posted by Darkarbiter on May-02-2009 11:35:

quote:
Originally posted by Sykonee
What if it's John Smith though?

Then you'll be the first, no musical artists have actually used that name for music.

Posted by saluyamo on May-02-2009 15:37:

If his not active and isnt in the same area as you I really wouldnt see the harm. Though it wouldnt hurt messaging him asking if its ok for you to use the same name as him

Posted by nefardec on May-02-2009 17:44:

just put something like "the official" or "the one and only" or "the real" in front of it. problem solved!

Posted by Trance-M on May-02-2009 18:15:

John Smith the 32nd

Posted by Stasis on May-02-2009 18:19:

Meh, it happens...

In reality, are you really afraid of getting into a lawsuit over this?

Posted by nefardec on May-02-2009 23:10:

quote:
Originally posted by Stasis
Meh, it happens...

that stasis is incredible

Posted by Stasis on May-02-2009 23:39:

You could say I'm a fan

Posted by DJ_Lord on May-03-2009 00:03:

you could file for a trademark and see what happens. if it doesn't get approved then there is your answer.

however, in order for the application to be approved by the u.s. trademark office you must show statement of use, which means that you need to show a flyer or some sort of publication that reflects the 'public' use of said name.

that guys most likely didn't file a trademark so you should be ok and legally allowed to use that name.

google some trademark & patent attorneys that specialize in the music industry so you can consult.

Posted by Stasis on May-03-2009 14:57:

I'm not sure that's very practical advice for someone with an anime character as an avatar (not that there's anything wrong with that, I'm just assuming you're a teenager). Registering a trademark is a few hundred dollars and talking to a lawyer is also going to cost money unless they're a family friend or something.

I really think you're probably getting ahead of yourself--unless I'm wrong and you're out there already releasing tracks. Trademark infringement doesn't become an issue until there's enough money at stake. Remember how long the dubstep Plasticman got away with using Richie Hawtin's alias? I think he needed to get a Radio 1 show before anyone really told him to change it to The Plastician...

Posted by iammesol on May-03-2009 21:44:

quote:
Originally posted by Chimney
Just use your real name.

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