Using Models Names On Adult Sites..

I mean their 'pornstar' names, what are your folks thoughts on this?

I know some models actually have them trademarked, so im wondering if potentially, using their names on our sites could open us up to legal action by the models themselves?

Also, what about using a models name in a domain?

For example, lets say you have a bunch of content featuring Tag Adams, would you register a name with 'tag' in it and use just the content you had of him on it?

Your thoughts? Where should we draw the line when it comes to using a models name on our sites or domains?

Regards,

Lee

If you've got rights to use of a model's content, and you are displaying that content, there's no trademark restriction on using that model's name in connection with that content as far as I understand it. You should note that the name is trademarked and the trademark is owned by somebody else, but you can just have an asterisk and say something like "Bob Potatohead is a registered trademark of Bob Potatohead, Inc." or something like that.

We use model names on everything we produce because the models have fans who want to see all of their content... I wouldn't see any reason not to.

You would probably run into issues registering a domain name that's confusingly similar to a trademark (whether it's a model name or a product) so that probably isn't a good idea. On the other hand, often just a quick email to the model or rightsholder explaining what you're doing will get you permission to register a name, if it ultimately benefits the model or rightsholder either by creating more demand for their work or providing opportunities for them to make more money.

You can't trademark a person's name per se, whether it's a stage name or their legal name. A name can only be trademarked when it is actually used in commerce, representing a specific "brand" of product or service. So unless the model also has a line of products or services being specifically marketed using their name as a trade name for the product/service (ie Johnson & Johnson or Bob Evans Restaurants), it is not and will not be trademarked.

You can and should use your model's stage names whenever possible. That is how the material is identified and searched for by your customers. That is also how a model makes a name for themselves in the industry.

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Originally Posted by rudebox

You can't trademark a person's name per se, whether it's a stage name or their legal name.

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Tell that to some of the Playboy models, they all have their names trademarked, even before they become 'famous'.

You can actually trademark pretty much anything you want, so long as it isnt already.

Regards,

Lee

NOT correct Lee.

Anybody can add a "tm" after their name, but in order to legally register it as a trademark in the US you must document that it has been actively used in commerce as a trade name, representing a product line or type of service.

...at least according to our very capable IP attorney

Quote:

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Originally Posted by rudebox

NOT correct Lee.

Anybody can add a "tm" after their name, but in order to legally register it as a trademark in the US you must document that it has been actively used in commerce as a trade name, representing a product line or type of service.

...at least according to our very capable IP attorney

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Then i would suggest you fire your IP rights attorney and get a new one.

ANYONE can trademark their name, whether it has been used as part of a business or not.

Our competant attorneys in the UK (Rouse+Co in case you would like to check them out) actually told me several years ago that i could trademark my legal birth name if i wanted, along with the 'handle' i use on some of the industries message boards.

So LEE WINDSOR + EUROPEAN LEE can both be trademarked.

I would suggest you look up tradmark opposition law, there have been several cases even in the past few years where an individual has trademarked their name and won a case because another individual or company used that in relation to advertising a product or servce.

I would also hire a new intellectual property rights attorney because he/she has told you incorrrect information.

Regards,

Lee

For the most part, I agree with Lee here.

It is quite possible to trademark a model's name associated with, for example, adult content. I'm not sure what the exact class would be, but there would be a separate class for adult performances on a DVD and adult performances on video on a website, and each would be eligible for trademark registration.

However, it is not possible to trademark anything; one has to, as Rudebox said, show that the name has been used in commerce in the same class as the trademark application, the mark cannot be a common word except under unusual circumstances, and, in the US at least, if another person files an objection to the mark, then the mark can be refused. For example, either saying it's a common-use word that doesn't identify a specific product, or else saying that someone else used the name in commerce in the same class before the first use of the applicant.

So it's quite possible for a model to trademark his or her name if s/he has appeared in a video or otherwise done some work in whatever class the mark is being registered under.

Now... realistically, regardless of who has registered the mark, it is highly unlikely that any but the very largest gay studios would be able to afford to mount a trademark infringement action against someone using the mark due to the high cost, and if the use of the mark is to sell the model's photo sets or videos, there's virtually zero chance that an infringement action would succeed. So for practical purposes, you can probably use a model's trademarked name regardless of whether or not you have permission, though I would always seek it out.

Also, as Rudebox said, anyone can slap a (tm) on something and try to claim a trademark, but doing so is meaningless unless a trademark application has been filed, prosecuted, published for opposition, and finally registered. Only once the mark is actually registered is any protection afforded.

It's true you can trademark or copyright your name, I saw a report on AandE about some prison inmates who copyrighted their names so they could sue the prison for using their copyrighted name when writing them up for bad behavior.

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Originally Posted by Lee

Then i would suggest you fire your IP rights attorney and get a new one.

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Unless you misunderstood what you were told by the attorney, I would have to agree with Lee. You do not need actual use in commerce to receive a registered trademark.

I use the porn stage name on the model release or content license.