Legal Question in Entertainment Law in Illinois
Performing Name
Dear Sir/Ma'am,
My performing/recording alias is "STAL". I have already added a copyright sign to an artistic work that has crossed state lines and have added a trademark sign to an interstate advertisement. I have searched the internet and have not found any US individual or company using the name "STAL". However, I did find a European country which has trademarked "STAL" for its industrial steel company. My question is, what steps, if any, must I take to protect myself against someone else using my performing name. Thank you for your help.
STAL
TM Copyright
All Rights Reserved
U.S. and International
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2 Answers from Attorneys
Re: Performing Name
You already have both trademark rights and copyright under common law. Both are automatic. What is needed now is to register these rights so you can effectively enforce them. I am an Illinois lawyer and a recognized expert in trademark and copyright law (patent & software law, also). My website is at www.burdlaw.com. I can certainly help you. You likely have other intellectual property issues of which you are not aware. Email me you contact information and I will be pleased to assist you. The initial advise is free, so there is nothing to lose and lots to gain for you.
Bruce Burdick
www.burdlaw.com
Re: Performing Name
While you may have common law rights in your sound recordings, compositions, artwork, logos, servicemark, trademark, etc., it is very important to register this intellectual property with the U.S. Copyright Office and the U.S Patent & Trademark Office. You can do this all online yourself. As a musician, you should get a servicemark for performing services, but you might also consider a trademark for the sale of T shirts and other merch. Copyright registrations cost $30.00 and trademarks & servicemarks are 325.00 each. It is well worth the investment. You can also do a federal search on the PTO's site. Benefits include, statutory damages and attorneys fees. Without registration, an owner of intellectual property, which doesn't have established commercial value, cannot easily enforce its rights against infringers.