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The Magic Cafe Forum Index » » Tricky business » » Trade Mark your Stage Name™? (0 Likes) Printer Friendly Version

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Blair Marshall
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Inner circle
Montreal, Canada
3640 Posts

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And actually I don't think "Andy Walker" is the name Andy wants to trademark, he has not mentioned it, and has not shown it when he uses the Facebook URL.

Andy also says "I'm selecting a new stage name"

So it will be interesting to hear what it actually is.

Blair Marshall"
"ShaZzam!"
TomBoleware
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Inner circle
Hattiesburg, Ms
2687 Posts

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A person’s name has to be so distinctive that the consuming public automatically thinks of a particular person
when hearing that name, not just a person with that name. You show this by providing evidence of what is called
“secondary meaning”. Secondary meaning means that even though the word is descriptive (like an adjective or a name),
people don’t think of the adjective or name as a descriptor, they think of YOU. Proving this is very hard and will
almost always require the high paid attorneys.

If you wanting to protect a title, slogan, or other short word phrase, generally it is a trademark you wanting.
Copyright law does not protect a phrase, slogan, or trade name. The purpose of a copyright is to protect works of authorship.
The purpose of a trademark is to protect words, phrases and logos.

It is easy to confuse patents, copyrights, and trademarks. Although there may be some similarities among these kinds
of intellectual property protection, they are different and serve different purposes. If you serious about doing something,
it's important to know the differece. This site can help understand the differences: http://www.lawmart.com/forms/difference.htm


Adding words to his own name would be the route to take.

"The Amazing Rabbit Pulling Andy Walker" just might convince em he was different. Smile


Tom
Do What Others Do And You Will Become Average

The Daycare Magician Book
www.amazekids.com/magic-downloads/childrens-magic-ebooks/the-daycare-magician/

Tom Boleware
www.tomboleware.com
Robin4Kids
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Veteran user
Lower Alabama
396 Posts

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Unless you plan to take your show national or international, or plan to market products under your stage name brand, I wouldn't recommend trademarking your stage name. It can be an expensive process and like it was mentioned before, you have to legally protect your brand.
Pizpor
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Elite user
473 Posts

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Just out of curiosity, I googled 'Houdini trademarks' to see if anything would pop up. I was also curious about trademarks like 'David Copperfield,' 'Lance Burton,' 'Bozo the Clown,' etc. This popped up about Houdini's. I don't know what it all means, but somebody went to court over the issue.

http://www.houdini.com/es/content/33-fra......-houdini
wizardofsorts
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Special user
Chicago, IL
935 Posts

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I am in the process of trade marking, "Wizard of Sorts." I've already trademarked my logo. It's not expensive at all if you know how to do it correctly (ie- know what pro-bono means).

Edd Fairman
Wizard of Sorts [tm]
Edd Fairman, Wizard of Sorts is a corporate magician available for your next trade show, hospitality suite, client luncheon, or company event. http://www.wizardofsorts.com
Al Angello
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Eternal Order
Collegeville, Pa. USA
11047 Posts

Profile of Al Angello
TomBoleware
Names are covered by copy right laws, but the names protected are race horse names, so if you plan to run in the Belmont stakes you should copyright your stage name.

Edd Fairman
Just between you and me nobody cares.
Al Angello The Comic Juggler/Magician
http://www.juggleral.com
http://home.comcast.net/~juggleral/
"Footprints on your ceiling are almost gone"
Dannydoyle
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Eternal Order
20042 Posts

Profile of Dannydoyle
Ed you will NOT find someone pro-bono who will enforce the trademark. THAT is what is so expensive.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
Mindpro
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Inner circle
9769 Posts

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I got up early this morning and just trademarked Danny Doyle as my new stage name!
Robin4Kids
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Lower Alabama
396 Posts

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Oh! So you're getting out of magic??!! LOL... Sorry Danny!
Robin4Kids
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Lower Alabama
396 Posts

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In addition to my advertising & marketing firm, I am the marketing director for over 300 attorneys and I have yet to figure our how to get the government to give me my trademark filing fees and registration fees pro bono!
wizardofsorts
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Chicago, IL
935 Posts

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Danny, So sorry you are wrong. I have a pro-bono attorney provided by Lawyers for the creative arts.

Robin4kids, my attorney's firm payed my fees.

Edd
Edd Fairman, Wizard of Sorts is a corporate magician available for your next trade show, hospitality suite, client luncheon, or company event. http://www.wizardofsorts.com
Robin4Kids
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Lower Alabama
396 Posts

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Edd,
That's great that you can get those services from Lawyers for the Creative Arts. Unless you meet their low-income requirements, I'm not sure how you would receive their services for free. They state in their requirements that you have to pay all filing fees, etc. out of pocket, so I'm not sure how they could make an exception for you. I do know from serving on several non-profit boards that we have to be very careful not to change our requirements or make special exceptions for clients, or we can be facing a discrimination suit.

You indicated that it (trademarking) is easy to do for very little money if you know how. What you didn't mention was you had to meet the low income requirements of the lawyers' non-profit. I'm glad I don't qualify.
Dannydoyle
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Eternal Order
20042 Posts

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Well if you meet those requirements what are you going to trademark exactly anyhow?

And the point is they will not ENFORCE it for you. That was what I was saying. That is the VERY costly part.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
Robin4Kids
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Lower Alabama
396 Posts

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If you want to see some trademark enforcers in action, just start promoting yourself as the Mickey Mouse Magic Show!!!
Dannydoyle
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Eternal Order
20042 Posts

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Anyone who will enforce your trademark for free will be worth every penny you pay for it.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
wizardofsorts
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Special user
Chicago, IL
935 Posts

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We've got a bunch of people talking through the hat on this post. There are several people who insist they know more about MY business then I know. I have only said what my experience has been but these guys must know more about my experience than I do. I said one can have a trademark filed for little or no money because I HAVE DONE IT. Maybe I'm the one in a million case. Maybe I'm the exception that proves the rule but I have a nationally recognized and multiple award winning law firm that has taken me on as a pro-bono client via Lawyers for the Creative arts. The law firm paid my filing fees. Why? I don't know. Honestly, I don't care. They are Neal, Gerber, and Associates and you can read about them at: http://www.ngelaw.com/. I did not meet any income requirements (no one has ask me what my income is). The law firm has filed my trademark for me FOR FREE and has continued to work with me as needed.

I have not had to enforce my trademark yet. If I did, one email to my lawyer and it would be taken care of. I'm not sure what all the Poo pooing is about? Are you guys mad that you paid to have this work done and I didn't? Are you mad that I offered someone advice on how to get the work done for free? Really, what's going on here?

Edd Fairman
Edd Fairman, Wizard of Sorts is a corporate magician available for your next trade show, hospitality suite, client luncheon, or company event. http://www.wizardofsorts.com
wizardofsorts
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Special user
Chicago, IL
935 Posts

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Robin4kids,
I was going to deal with this within a private message and then I reread what you wrote and let me tell you, "You are rude!" Let me deal with this point by point, the most inflammatory first!

"What you didn't mention was you had to meet the low income requirements of the lawyers' non-profit. I'm glad I don't qualify." I NEVER said I qualified for anything. The Lawyers for the creative arts may say that you are required to pay for the filing fees but if one's assigned law firm pays them for you, what does LCA care? I was quite ready to pay them but I DIDN'T HAVE TO! I doubt I qualify for the low income requirements and you insinuating that I did is just bad form. Your line "I'm glad I don't qualify." Is just one of the most NON helpful things I've read in a long time. The slogan of the Magic Café is "Magicians helping Magicians" unless your Robin4kids, then it's "take a cheap pot shot while doling out advice."

You also say, "You indicated that it (trademarking) is easy to do for very little money if you know how." It IS! Even the filing fee of $375 is very LITTLE money when it comes to protecting your business. But if done the way I did it, it will cost you $50.

You say, "That's great that you can get those services from Lawyers for the Creative Arts. Unless you meet their low-income requirements, I'm not sure how you would receive their services for free." I never said I got the LCA for free. I paid they giant whooping fee of $50! I said that I got the filing fees paid fro by my attorney's firm. Go back and read what I actually wrote.

Edd Fairman
Edd Fairman, Wizard of Sorts is a corporate magician available for your next trade show, hospitality suite, client luncheon, or company event. http://www.wizardofsorts.com
Dannydoyle
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Eternal Order
20042 Posts

Profile of Dannydoyle
So if you have to do a long protracted trial it is gratis? Congratulations.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
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