The Legal Status of a Stage Name

The Legal Status of a Stage Name

A stage name, also known as a professional name, is a name used by a performer, entertainer, or other public figure in their professional capacity. Stage names are often used to create a more memorable or marketable persona, or to protect the performer's privacy.

Legal Protection of Stage Names

The legal protection of stage names varies from country to country. In some countries, stage names are considered to be trademarks and are therefore protected by trademark law. In other countries, stage names are considered to be personal names and are not subject to the same level of protection.

**In the United States, stage names are not considered to be trademarks. However, they may be protected under the common law doctrine of unfair competition. This doctrine prohibits the use of a name that is likely to cause confusion with the name of another person or business.

**In order to establish a claim of unfair competition, a performer must show that:

The use of the other name is likely to cause confusion with their own name.

The other person or business knew or should have known that their use of the name was likely to cause confusion.

The other person or business's use of the name has caused or is likely to cause harm to the performer.

**In addition to unfair competition, stage names may also be protected under the right of publicity. This right protects the right of people to control the commercial use of their names and images.

**In order to establish a claim of right of publicity, a performer must show that:

Their name or image has been used in a commercial context.

The use of their name or image has caused or is likely to cause harm to their reputation or economic interests.

Registration of Stage Names

In some countries, it is possible to register a stage name. Registration can provide additional protection for the name and make it easier to enforce one's rights in the name.

**In the United States, there is no federal registration system for stage names. However, some states do offer registration systems.

Conclusion

The legal protection of stage names is a complex area of law. The specific rights that a performer has in their stage name will vary depending on the laws of the country in which they reside.

Posted by November 17th, 2023

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