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TranceAddict Forums > Main Forums > Music Discussion > need legal advice for trademarking an artist name.
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Damerchi
Supreme tranceaddict



Registered: Nov 2005
Location: .

5ub5titute

Old Post May-02-2009 09:39  United Nations
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Chimney
Low pH



Registered: Oct 2008
Location: Helsingborg

Just use your real name.

Old Post May-02-2009 10:56  Sweden
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Sykonee
Supreme EMCritic



Registered: Dec 2004
Location: Vancouver, Canada

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

What if it's John Smith though?


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Old Post May-02-2009 11:07  Canada
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Darkarbiter
Psysnob



Registered: Mar 2007
Location: Melbourne

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.


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Old Post May-02-2009 11:35  Australia
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saluyamo
Supreme tranceaddict



Registered: Jul 2007
Location: Newcastle, Australia

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

Old Post May-02-2009 15:37  Australia
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nefardec
Tranceaddict in tranning



Registered: Oct 2004
Location:

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

Old Post May-02-2009 17:44 
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Trance-M
Since 1994 tranceaddict



Registered: Oct 2005
Location: Limburg, Netherlands

John Smith the 32nd


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Old Post May-02-2009 18:15  Netherlands
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Stasis
41º 42' N, 86º 10' W



Registered: Feb 2003
Location: New England

Meh, it happens...



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


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Old Post May-02-2009 18:19  United States
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nefardec
Tranceaddict in tranning



Registered: Oct 2004
Location:

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


that stasis is incredible

Old Post May-02-2009 23:10 
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Stasis
41º 42' N, 86º 10' W



Registered: Feb 2003
Location: New England

You could say I'm a fan


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Old Post May-02-2009 23:39  United States
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DJ_Lord
Bittersweet Symphony



Registered: Mar 2002
Location: Bella Vista

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.

Old Post May-03-2009 00:03 
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Stasis
41º 42' N, 86º 10' W



Registered: Feb 2003
Location: New England

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...


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Old Post May-03-2009 14:57  United States
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TranceAddict Forums > Main Forums > Music Discussion > need legal advice for trademarking an artist name.
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