Very famous brands have a special power to sue unauthorized users of their trademarks even when the infringement occurs outside of their own industry. For example, if you start a rap group called Coca-Cola and you become successful enough to attract attention, expect a visit from your friendly neighborhood process server, trademark infringement complaint on hand. Even though you are operating in a different commercial space than Coca-Cola, producing music instead of diabetes-inducing beverages, Coca-Cola can still sue under the theory of “trademark dilution” to prevent you from using its name and draining the associated goodwill from its brand. Trademark dilution lawsuits can only be brought by “famous” brands, not small, local, or industry-niche brands that are not well-known in the general public.
So in order to avoid suits of this type, don’t name your act after a famous brand, even if irony or parody is the intended effect. For example, Kanye West recently shut down digital currency company “Coinye West” via a trademark infringement lawsuit which alleges that Coinye “usurped” Kanye’s goodwill and likeness for its own purposes and that “consumers are likely to mistakenly believe that Mr. West is the source of …. services” due to West’s “entrepreneurial accomplishments.”
Modern trademark law is rooted in the law of unfair competition, which prohibits businesses from engaging in unfair practices in order to gain a competitive edge. It also serves to protect a business’s well-earned brand name and inform consumers about a product’s source. As an artist, you must remember that you are a business, even if it sometimes does not feel that way with everyone asking you to work for free.
That is why it is imperative to choose a distinctive identifying artist brand name that can be uniquely associated with your recordings, performances, and other professional entertainment endeavors. Once you have marketed yourself under the name, register it as a trademark with the United States Patent and Trademark Office. This way, you can be assured that you have the exclusive legal right to conduct business under your artist name without interference by Coinyes of the world.