Arts Law

Recent Posts

Copyright and trademark: The role they play in the entertainment business

Once a month, publishes an article on arts law written by an attorney associated with New Jersey Volunteer Lawyers for the Arts. Here is the article for May. In the world of entertainment, there is a major piece of property that you cannot touch or feel but you see it play out on a daily basis. This piece of property is the MVP (Most Valuable Property) and generates billions for the entertainment industry. At this point you might be wondering, “What property is this?” The property is intellectual property. Continue Reading →

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Law Tips: Obtaining trademark protection for an artist’s name

On the second Friday of each month, publishes an article on art law written by a volunteer attorney of New Jersey Volunteer Lawyers for the Arts. 

Many times, artists or entertainers will wish to register their name as a trademark. This is more difficult than obtaining a traditional trademark registration for a brand name, but can be done if certain requirements are met. However, even if you cannot get a trademark in your name for one reason or another, remember that you still have your right of publicity to rely on to prevent someone else’s use of your name or likeness without your permission. CONSENT

In order to register your name, portrait, or signature as a trademark, the United States Patent & Trademark Office (USPTO) requires your written consent — so no one else can register your name as a trademark without your permission. The consent requirement also applies to the registration of a pseudonym, stage name, or nickname, if there is evidence that:

• the pseudonym, stage name or nickname identifies you and you are publicly connected with the goods or services in the application,
• the pseudonym, stage name or nickname is generally known, or
• pseudonym, stage name or nickname is well known in the field relating to the relevant goods or services. Continue Reading →

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