Very, very odd. Just like I can't change my name to McDonald and start selling hamburgers, she can't change her name to Jesse Jane and start selling porn. Interesting to see how this plays out. Latest rumor I heard was that Jesse is going to start something up with Suzie/Holly Randall.
im sure she can change her name to jesse jane. there was an mma fighter who had the nickname 'war machine' then TNA the wrestling company said he couldnt use it anymore or they would sue him because they trademarked it. he legally changed his name to war machine and ironicaly did porn for some time before some brawls at parties put an end to it
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A-ten Deactivated User
581 Posts 8/07
Posted - Sep 9 2011 : 2:37PM
It will be strange seeing Jesse Jane and DP not together. The end of an era.
Completely different cases. War Machine had been promoting the nickname for 5+ years before TNA got a copyright; if he/UFC had cared to litigate under the Lanham Act he would have continue usage rights subject to (I think) subject matter and geographical restrictions based on that prior usage, though that explanation doesn't even begin to touch on how his prior usage is a state right, but his Lanham Act usage is federal. But sue, he's _allowed_ to change the name. A more apt comparison would be if either of the two fighters named War Machine attempted to sell a comic book; there, the rights to the name 'War Machine" would be registered to either Marvel or Stan Lee (presumably -- those rights have been subject to a number of suits and sales over the years, but my point is valid). Here, Digital Playground (I assume) trademarked the 'Jesse Jane' name. The performer formerly known as Cindy Taylor (PFKACT) has the right to change her name to Jesse Jane, subject to a few exceptions -- one of which is an attempt to create confusion or self-profit, which is why people are rarely allowed to change their name to - for instance - Bill Gates. If that's why PFKACT changed it, it's possible that the name change was simply legally invalid. If the name change is valid, then I'd think that she'd be unable to use it to produce pornography, publicize feature dancing, etc. simply because she doesn't own it -- the name is an asset owned by Digital Playground, and if they wanted to assign it to someone else, or sell it, or whatever, it's their property. Like War Machine, she'd be able to get a credit card or sign a contract with that name, but she'd be unable to use it for certain business. That's the issue as I see it. Of course, for all we know Digital Playground simply assigned their rights to the name to her. But if that's the case, she wouldn't need to change her legal name. To me, this sounds like an action someone took to get around a restriction, but didn't really vet with a lawyer (or the lawyer had a different view to it than I do, which is very possible, as I don't have a significant trademark/copyright knowledge base).
no I don't think she can. Any likeness of the name similar to the trademark are included. Like I can't be mcdunolds and compete with mcdonalds. If there's any intent to confuse the public, the name is considered a trademark infringement and the company can seek punitive damages.
yes it sounds like Jesse Jane is trying to infringe the trademark by changing her name legally but that only works if that was your legal name before it was trademarked as a brand. Like for example if she was legally Jesse jane back when she signed her contract, then she has a good case but this is not it. This is an intent to fraudulently use a trademark for profit and it's very clear that she's doing that. I hope she has lots of money because the lawsuit against is coming if she tries to infringe her trademark more than she already has with her diosa tequila. The interesting question is what will Joone the owner of both digital playground(co owned with Samantha Lewis) and diosa tequila(co owner with Jesse Jane and her husband) do? Will he continue to infringe his own trademark to fund his other company? Which company is more important to him?
@ashlii- This is America, where you're always allowed to sue. But I neither of those actions seem like a winner to me. When I read PFKACT's twitter I assumed she'd changed her name to "Jesse Taylor" or something, which seems like it would work, or at least be a closer call. But she said it was "Jesse Jane," which just doesn't sound kosher. I'd be surprised if her contract with Digital Playground allowed her to have a cause of action on such a counter-suit, either, but I can't say, as I don't know what was in the contract. But I think it's easiest to visualize as: PFKACT was able to use an asset - the 'Jesse Jane' name - while she was employed by Digital Playground. PFKACT enhanced the value of that asset during her 10 year (+\-) career with them. For this enhancement she was paid a salary. Now that her employment is ending/over (?), she no longer has access to her former employer's asset. @Ilovemyporn- I wouldn't say 'fraudulent' or 'infringe' without knowing more, but I think I agree with the broad strokes. Unless there's something I'm missing (which is hugely possible; I don't recommend anyone take legal analysis from a porn forum on the Internet, or base it off a Twitter message), I don't feel like it would be too expensive to defend, if only because it would be over quickly. Of course, it gets interesting if PFKACT wants to fight it out in court; if she wins, it would be a departure from what I think the law is, which could greatly enhance the power of artists/performers/individual rights against corporations. Good luck finding a sympathetic court at the District level, though - such an argument would only be appropriate on appeal. And that would be very, very expensive. Don't know the Diosa/Digital Playground dynamic, though to the best of my knowledge the name "Jesse Jane" hasn't been involved with the tequila company. So while there might presumably be significant personal friction between the two, I don't see a trademark issue.
well if she just stops using Jesse Jane after her contract is over, she will be fine and the lawsuits will probably not happen. The big problem is that she is representing her name as porn star jesse Jane. And the whole diosa tequila thing, just google Jesse Jane diosa tequila and you will see a ton of results of "Jesse Jane" represented in the adult world selling her tequlila which would be a trademark infringement. If you visited her last dancing gig as Jesse Jane, she was wearing diosa shirts the entire time. There are photos to prove these things. If you have been reading her @jessejane Twitter she promotes diosa tequila on there. There is a lot of evidence against her. If she's smart she would just use another stage name. Lots of actresses in mainstream do this to avoid a lawsuit. If you don't own the trademark, don't use and profit off it. Plain and simple.
if that is the case it would be different. But when u book a feature dancing gig marketed as Jesse Jane On the flyer and you are marketing the tequila there at the club, you are using Jesse Jane trademark because that's what is luring people to be there.
In March that same year Jane launched her own line of tequila called "Diosa" with blue agave silver tequila, along with apple, mango, almond and café caramel flavored varieties. Jane will appear in ads for the Diosa, but will be using her real name since Digital Playground owns the rights to her stage name. thats what wikipedia says about it. if she said she goes to mcdonalds while at a DP dance is she promoting that too? or drinks pepsi
that's what it says in wikipedia but unfortunately she has been doing this during her working hours. Like for example, she can sell her diosa tequila in a non adult related event. When you try to sell your product in an adult related arena using a trademarked name that you are not authorized, then it's an infringement. Back to your pepsi example, it goes back to intent for profit. Is she trying to fraudulently use the trademark to sell pepsi? The answer is no unless there is evidence that proves otherwise. There is a ton of evidence right now against her having intent to sell her tequila by being "Jesse Jane" if the trademark wasn't important to her why would she try so hard to legally change her name(which won't work anyway).
Hasn't Jesse Jane made enough money for DP over the years? The least they could do in return is let her have the name she's most known by. If they don't, I see it as mean spirited and a slap in the face. After all, she's a major reason DP is such a powerhouse today.
it's a good question. Jesse Jane is probably worth more because it's a recognizable name. It's like brand names at the supermarket. Heinz ketchup will cost more than x brand ketchup. Might be same ketchup but it's worth more
it's a lot more complicated than you think. You would have to understand the origins and details of her diosa tequila company and the inside structure of digital playground. Joone and Samantha lewis own DP. Cindy Taylor and joone own diosa tequila.. Little known fact. Now think about this scenario, joone takes DP bank account to pay for diosa tequila(location. branding, etc). Now what does Samantha Lewis do here when your partner is misappropiating funds? Cindy needs her trademark but doesn't know about the finances going on behind the scenes. You see how complicated it really is? Now if you are in Samantha Lewis shoes what do you do?
the best example for this issue is the world wrestling federation. They trademark their wrestlers names and when they leave, they can't take their names with them. It's a brand. It's not yours. If she wants to market herself as Cindy Taylor she is free to do so. That's why they call them stage names. They're not real unfortunately.
I think the example you should consider is Joan Marie Laurer, who legally changed her name to Chyna a few years back and now uses the WWE trademark as she wants professionally. Trademark law is written to be between corporations and DBAs -- people's actual names are kinda outta scope.
that's a good example but Chyna stayed away from wrestling after she's using that name. If Jesse Jane stays away from the adult industry, I'm sure that will work. Trademarks are meant to protect competitors image in the same industry. If she's selling candy and gum, she's allowed to remain Jesse Jane, no problem. Chyna never wrestled again and left but everyone still knows her as Chyna. If Jesse Jane decides to remain in porn, that is competing with Digital Playground, she will not be able to use that name.
I used to watch porn. I still do but I used to, too. 1506 Posts 8/09
Posted - Sep 11 2011 : 4:41AM
Actually, that's not true. Chyna did go to TNA for a couple of appearances and they referred to her as Chyna. There are no pending lawsuits from WWE at this point.
Trademarks span all industries. If I try to sell t-shirts or gum or feminine hygiene products with the image of Col. Sanders on them without paying KFC a licensing fee, I'll get sued, even though KFC doesn't make gum. Changing her name legally is a loophole in the system that PROBABLY will work for her. Courts are weird that way -- you just never know. DP would have to prove some disproportionate investment in building that TM, and I certainly don't know the details of Ms. Taylor's contract with them. You also have to consistently defend TMs -- IF (and I don't know this) they let her use the TM "Jesse Jane" in her feature dancing and hosting side gigs all these years, hard to try to defend it now. If, however, they were underwriting those gigs to build that brand, they might have a case. Again, I have no idea of the details. I can't imagine that DP would actually try to cast another performer under that stage name. The real issue is that they don't want Wicked, Brazzers, etc. to clean up on her jumping to a new deal. Seems pretty short-sighted in what is a smallish industry. At the very least, if I was a hot young actress who was starting to build brand recognition behind my stage name, there is NO WAY I would move to DP and let them change my brand to something they own outright and will defend if I decided to move on later.
Chyna changing her name to sell porn might work under my theory; her changing it and going back to wrestling (with a different organization) completely blows it up. Maybe WWF just didn't care enough to sue? It's not like there'd be a recovery, or that she could do any additional damage to the brand. One of the ways McDonald's protects their brand is suing anyone over infringement practically the instant they enter into commerce with an even vaguely-related name; b/c McD's has the money to litigate, practically everyone changes their commercial name rather than fight it -- like @lowlyfan said, the law isn't really a perfect fit in these cases, so there's some wiggle room to make things interesting. @MorganKane -- the "Jesse Jane" brand will continue to sell a number of movies well into the future; things like "Pirates" are still top 50 films. After investing in creating that brand, DP wouldn't (I assume) want to have to compete with new, non-DP Jesse Jane content.
I'm thinking what may happen is there will be a settlement just like with Tera patrick a few years ago. Yes Tera got to keep her name but not everyone knows that she paid something like 250k or 500k to do that. Jesse Jane might have to pay more than that. Changing a name legally doesn't allow you to infringe an existing trademark. If everyone didn't respect trademarks, there would be no point in trademarking anything. I doubt many porn companies want to hire Jesse Jane just to stay out of legal issues. And besides Jesse Jane rate scene is probably through the roof.
I used to watch porn. I still do but I used to, too. 1506 Posts 8/09
Posted - Sep 18 2011 : 1:29PM
holy shit! That is great news! Maybe we'll start seeing a dirtier side of Jesse that we haven't previously seen! Anal, dp, atm, creampies, more swallowing. Threesomes with Jayden Jaymes, Asa Akira, Julia Ann, and Jewels Jade. Oh the mutha fuckin possibilities!!!!!!
Well, her contract with Digital Playground supposedly ends today (9/18), so I'm guessing that there will be a midnight tweet about it. Anyone want to handicap this? I wouldn't say Mr. South knows for sure; his "Jesse Jane Shooting Her Last Movie For Digital Playground" post links to two older posts, one saying she's leaving, one saying she ISN'T leaving. But if she goes to Manwin, they'd presumably have $$$ to litigate with Digital over the name, assuming they want to. I'd bet on her going independent, but partnering with someone that has a distribution deal somewhere. Who knows? This has been the best soap opera porn's seen in ages - I'm a little surprised the mainstream (Stern, TMZ, maybe Extra/et al.) haven't picked up on it.
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A-ten Deactivated User
581 Posts 8/07
Posted - Sep 19 2011 : 10:30AM
Brazzers would be pretty awesome. I know she won't do the harder core stuff. But would still be awesome to see Jesse in more gonzo and slightly dirtier material.
Nice thing about tattoos, I'm spending much less on porn now. 225 Posts 9/11
Posted - Sep 19 2011 : 2:00PM
I will respectfully agree with some among us who think she looks too plastic. I like her scenes because she puts so much energy and nasty into it, BUT I'd like this much better from a starlet who has a more natural look. Of course, should she desire to abuse me sexually, I'd gladly submit. ;)
well this was all a big fat nothing. LOL. Weak. ----Dread----
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trout bum Deactivated User
"I'm Not Here To Suck My Own Cock!" 2145 Posts 5/10
Posted - Sep 25 2011 : 7:47PM
If JJ did resign with DP, I can't imagine Britney Beth is too thrilled with this news as they have had their differences in the past. Did it have anything to do with JJ's fans letting DP know what a mistake if she left?
By this point, I think we have to assume that Mike South's reporting isn't really too much to base a theory on. That said, the most valuable place for JJ to spend the remainder of her career is with Digital Playground. Whatever the primary problem is, I'm convinced that BiBi was no more than the spark that led to the fire, and wasn't the actual inferno. JJ had been savaging the owners of Digital over Twitter over a variety of non-BiBi issues; if they do re-sign her it's got to be because they're viewing it purely a business issue, and that there's enough money to go around to keep everyone happy. However this saga ends, it's been very, very messy.
