Before you name your model, check with Sean Cody for permission!

**sc32803** · 03-20-2010, 10:20 AM

I was just looking at the Sean Cody site and noticed something interesting. At the bottom of each model profile page they list the models name in small print along with a "TM" trademark symbol, indicating that the name is a trade mark of Cody Media.

WTF?

Either this is a joke or a misprint, or maybe Sean Cody is actually trademarking names now?

**nickbaer** · 03-20-2010, 01:46 PM

I haven't seen Chad Knows Law here for a while, and Chip isn't as active, but...

It would seem to me that trademarking people's names would be fraught with problems for the trademarker.

I shot with a model once, put his work on my site within days. A few months later got an e-mail from some studio that said the model and the name were "exclusive" to them.

I said: "I shot with him BEFORE you did.". Never heard from them again.

With the exception of some real world megastars with unusual names, I believe the ability to trademark a person's "name" would be tough.

The Obama's fought a toy company that put out likenesses of their daughters, and seem to have prevailed; but I don't believe that it was any kind of legal action, just letter writing pressure.

Tiger Woods is fighting an adult toy company now over a Doll that looks like him. The company 's response: "Screw Off!".One porn studio has a parody flick on now referring to Levi Johnson, complete with props similar to the Playgirl shoot.

I'm not sure there's real precedence in porn names. Maybe a couple of Hollywood names. Not sure even Donald Trump has his name Trademarked.

**Lee** · 03-20-2010, 01:50 PM

It's common practice for companies to trademark names, in fact, several porn stars have their names trademarked, they are, afterall, what they run their businesses on.

Try setting up a site or company that uses the name, Jenna James and see how long you last before getting taken to court for trademark violation.

Regards,

Lee

**nicedreams** · 03-20-2010, 05:58 PM

Originally Posted by Lee

It's common practice for companies to trademark names, in fact, several porn stars have their names trademarked, they are, afterall, what they run their businesses on.

Try setting up a site or company that uses the name, Jenna James and see how long you last before getting taken to court for trademark violation.

Regards,

Lee

Of course that would make sense, but they aren't using full names like that. They are supposely trademarking first names like Darren, Lane, Troy, Mark, Dennis, etc.

I'm guessing that they didn't file a trademark for those names, just the webmaster putting all the tm marks on anything.

Jimmy

**nickbaer** · 03-20-2010, 06:19 PM

It would be the difference between TMing Corbin Fischer, vs TMing Joe Blow on Corbin Fischer's site.

**Lee** · 03-20-2010, 06:45 PM

How i read it, is that the model names together i.e....

'Cameron and Jake' is actually the trademark, not simply the name 'Cameron' or 'Jake' on their own.

Regards,

Lee

**nicedreams** · 03-20-2010, 07:00 PM

Originally Posted by Lee

How i read it, is that the model names together i.e....

'Cameron and Jake' is actually the trademark, not simply the name 'Cameron' or 'Jake' on their own.

Regards,

Lee

Look on more than 1 page. And maybe one without 2 models fucking. LOL.

Jimmy

**tim460** · 03-21-2010, 10:11 AM

So what does this trademarking of names mean to affiliates? Are we not able to use a model's name in the title of our posts, or title or description tags for a pic, video, or post of our sponsors' pics videos?

**Seth** · 03-21-2010, 03:52 PM

If they file a frivolous lawsuit against me for using a name like "Troy" or "Jake" I'll win & then make them pay my attorney fees.

Actually this could be a good thing. Think of the free publicity a lawsuit like that could generate. Mainstream media would probably pick it up too.

**tim460** · 03-21-2010, 03:54 PM

Not sure what I was thinking. I think what I said doesn't apply to affiliates.

Overtaxed today with work, I guess.

**gaybucks_chip** · 03-21-2010, 06:44 PM

The whole area of tradmarking a model's name, *IF* that model name refers to a single individual, is a very hazy area.

For example, a trademark for "Luke Skywalker" or "James Bond" would probably hold up, because those are fictitious people, and doesn't refer to a single human being.

But trademarking the stage name of a living person, when the name refers only to that person, is not likely to be successful. Of course, it won't stop someone from filing a trademark, and maybe even getting it if the trademark examiner is asleep at the switch, but if it were ever actually litigated, I doubt it would hold up. People like Elvis Presley are different, because that falls under rights of personality and publicity, which relate to a real human being, not to a persona or role played by an actor.

Now, the other issue is, if a model's name is "Stefan" or "Caden" or something, just a first name... there's no way that trademark would hold up because it's too generic.

My guess is they haven't actually filed any trademark applications. It's somebody's lame attempt to try and intimidate others.

Oh and... even if one gets a trademark, it doesn't prevent someone from commenting, reviewing, writing articles, etc. It only prevents the use of that name in commerce. So, for example, one could say "Lucas Rodd is one of the worst porn performers ever", but not "Lucas Rodd says buy our brand of penis enlargement pills."

**DEVELISH** · 03-21-2010, 06:47 PM

Wayne is a trademark of Cody Media Inc.???
Everett is a trademark of Cody Media Inc.???

I thought I fucked it up when registering "teenboys" as a trademark here ;-)

Where can I lookup the registered trademarks?

Here claiming a registered trademark is illegal... how bout in the US?

**gaybucks_chip** · 03-22-2010, 05:00 AM

Just to be clear, a "TM" next to something is pretty meaningless legally. It simply means that someone is claiming proprietary rights to a name.

One uses the TM to signify that they're staking claim to a trademark before the patent and trademark office has actually registered the trademark. Additionally, to get a federal trademark, the name has to be in use in interstate commerce for some minimum period of time (3 years? 5 years? Can't remember.) and one has to be able to show evidence that the name has been in use.

Once the mark is actually issued, then the rightsholder can use the circled "R" which means "Registered trademark." As I understand it, only then is there any real teeth; you can argue a common-law first use trademark, but if there's no registration and someone else can show they've used the mark around the same time you have, you're pretty much out of luck.

So in this case, I seriously doubt they've either registered the marks nor even applied for registration. Probably just some wanna-be lawyer type who thinks he knows the law. (like me!)

You can check online federal trademark records (including pending applications) at uspto.gov.