Legal Question in Entertainment Law in California
Two artists same name
Artist ''A'' released recordings in 60's, rave reviews, albums have sold ever since and have been rereleased. Artist ''A'' is still very active with new recordings out (to rave reviews)
For past two years artist ''B'', a young man with (or using) same name is marketing recordings, touring and internet promoting himself and his music. Artist ''B'' never claims to be the older established Artist ''A'' but implys a similar background. This causes great confusion in the marketplace.
Question: Does Artist ''A'' Have recourse against Artist ''B'' so that Artist ''A'' (the original) may have excusive use of his name and prevent Artist ''B'' from ''muddying the waters'' and ''stealing the thunder''? Thanks, PW Woodstock NY
2 Answers from Attorneys
Re: Two artists same name
Whether or not B has the identical name A may well have federal and state causes of action against B. From a federal standpoint, A may have a common law trademark claim or a statutory trademark claim if A has a registered mark. B is definitely playing (excuse the pun) with fire. If you wish to discuss this further, please feel free to call.
Re: Two artists same name
You may have a claim if B is not using their real name and chose A's name.
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