Legal Question in Technology Law in California

Celebrity Names: Trademarks, Endorsement Rights and Domain Names

Trademark law protects distinctive names, slogans and symbols used by their owners in business or commerce. BAND NAMES may be eligible for trademark protection if the name is used by a performer or band to promote the sale of goods or services; (e.g., CDs, videos, concerts) to distinguish the name from that of imitators and wannabees.

A new band name or performer cannot assert exclusive rights to any common name used primarily as a person's last name, rather than as a "source of origin" of goods and/or services.

Some performers have adopted names such as JEWEL, PRINCE and MADONNA, that do not primarily identify any person as a "last name" but rather are words that can have several meanings, (rather than SMITH).

DOMAIN NAMES may be eligible for trademark protection only if the name is used in the course of a trade or business to promote the sale of certain goods or services; and to distinguish the domain proprietor's name from that of other traders and competitors.

With millions of ".coms" , ".nets", ".orgs.", .tvs", .etc being registered each year, Trademark holders are finding it increasingly difficult to protect against everyone from cybersquatters, (domain hijackers) to innocent newcomers who fancy a similar domain name.

Domain names can be

a. generic;

b. capable of functioning as a trademark; or

c. allegedly infringing on the rights of others.

GENERIC WORDS AND NAMES

When the common name or word is used to describe the product or service that it obviously represents, it cannot function as a trademark.

CELEBRITY DOMAIN NAMES

There have been several important court cases and ICAAN arbitrations which have protect celebrities against cybersquatters. Performers such as Madonna, Julia Roberts, and Alyssa Milano have won back domain names from cybersquatters. In Julia Roberts' case, the linked site was also pornographic in nature and as a result, the "cybersquatter" was deemed to have been using the name of the popular actress in bad faith.

YOUR case may depend on many factors, including

-the goods or services that the name has been used by you IN BUSINESS

-the length of time used,

-the public recognition of your name by continuous use in commerce in Countries;

-the intent (or innocence) of the "cybersquatter" to capitalize on (or harm) your fame, reputation and goodwill;

- rights held by the newcomer, the members of the trade and/or any other senior proprietors with identical or substantially similar names;

- evidence of actual confusion, complaints and inquiries by members of the public over the use of your name;

- availability of local State remedies such as common law rights affecting trademarks, statutory provisions for celebrity rights protection, defamation, etc.

As a "successful songwriter/producer" you may also avail yourself of State laws that prohibit unauthorized use of a public figures' name, likeness, or signature.

For more info - www.namesavers.net