''The unexamined life is not worth living''

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If you wanna register a trademark, go see an intellectual property lawyer.

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No, the name doesn't have to be real. A trademark is an identifying symbol or phrase, and the rights to that phrase as far as trademarking go, only apply within the context of particular goods or services that are associated with it.

For example, as I understand it, no one else in the porn industry, or who sells, produces or distributes porn could brand their product with the name Mike John, except Mike John himself (since he owns the trademark to his name). However, that doesn't mean that he's got a universal lock on the name itself. Someone in the flower industry could use the name "Mike John Flowers" and not be in violation of Mike John the pornographer's trademark. In fact, both entities could have separate trademarks for the name Mike John, and not be in conflict with one another because they are clearly not associated with the same trade.

However--there are a lot of specific rules and limitations to trademarking, particularly with regard to using surnames as trademarks, and there are very specific limitations of scope that prevent someone trademarking a very commonly used phrase or word associated with the business they represent. Obviously, it's very much more involved than my little explanation here, but if you're interessted, for a start, you can look at the US Patent and Trademark Office website for more information. Here's a link to a "Where do I start?" page about registering a trademark:

Trademarks: Where do I start?

Edited by - MLyons on 2/11/2005 9:16:10 AM

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Juston Slayer , Mandingo ,Jack Napier Lexington Steele and Sean Michaels have too.

Aurora Snow may have copirighted her name too , Jewel de Nyle and Francesca Lè may also have.

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a faq on how to do it (and protect your identity whilst you're at it

Discussion of said FAQ

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Dave whatshisname:-)

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So if your REAL NAME is Jenna Jameson nobody can tell you haven't the right to use it because of course you must be 18+ of age so you have your name before Jenna started her porn career.Besides i think that anyone have the right to use his/her own name.

Edited by - Laurie Cameron Fan on 2/12/2005 2:29:18 AM

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As far as I heard, The 'J' in 'Michael J. Fox' doesn't refer to any second name of his, but was just added because there has already been an actor called Michael Fox (his real name would have been 'Michael A. Fox', but he didn't wanna use that).
Before he became famous, Harrison Ford had another letter in his name, too (forgot which one, probably 'Harrison J. Ford' or something). He was only allowed to use just his first name when the other actor called Harrison Ford had died.

So, having a name doesn't always guarantee you got the right to use it. I'm not sure whether this has to do with American law or just the Actor's Guild, though.

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Some notes about trademarks and copyrights

both are owned automatically on first commercial use. You do not have to register a trademary or a copyright to have protection.

You DO have to register it to sue for punitive damages.

if someone uses the name Mike South in entertainment even if I have not registered a trademark I can sue for actual damages. Ditto if someone commercially uses one of my photos. Actual damages are determined ultimately by the judge or jury.

If the trademark or copyright is registered (mine are) then if someone uses them in addition to actual damages I get a 100K per use automatic punitive damage.

thats the cliff notes version but the important thing to remember is that srademarks, service marks and copyrights are automatic on use/publication.

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I'm not a big fan of hers, but I can understand why Jenna Jameson has done it. she's got a good reason, but someone who does it for no reason ... there are better ways to make a living then suing someone for using your name.

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