What's in a name in the entertainment game?
25/08/2011

Event organisers, clubs, disco's and others in the entertainment industry, distribute promotional material advertising well known artist's as part of the line-up.

This has the effect of drawing huge crowds and the benefits to such events are obvious - more people equals more sales at the bar and the kitchen. This also raises the profile of the disco or club concerned considerably. It is therefore advisable that artist be in a position to monopolise their names and to dictate who and how such a valuable asset is to be used.

All too often, in order to raise the profile of the event and the business and to pull as big a crowd as possible, organisers are tempted and often do include in their promotional pamphlets, names of well known and popular artists without artist's knowledge and consent. The rationale being that, by the time the crowd is aware that their favourite artist will not be performing (and never was), the business would have made their profit. Apart from causing a stampede and general unruliness among the misled crowds, this practice has the potential to damage an innocent artists reputation and goodwill among his or her fans.

Fortunately for the artists concerned, the Trade Marks Act can be used to restrain the unauthorised use by others of their name (if registered as a trade mark in accordance with the Act). The Act entitles the artist to stop the unauthorised use of their registered trade mark (or a confusingly similar trade mark) in relation to the goods and or services for which it is registered. This protection also allows the restraining of such unauthorised use in relation to goods or services which could be said to be similar or overlap with the goods and services to which the registration relates.

Properly protected, an artist could ensure that their name is not used on promotional material without their consent in the cause of trade of the event organisers concerned. An organiser who misleads the public into believing that a well known artist will be performing at their event, could find themselves guilty of trade mark infringement.

Other benefits of registering an artist's name or stage name as a trade mark include:

1. the licensing possibilities - in terms of clothing, toys which generates passive income
2. a trade mark is registered for 10 years and renewed every 10 years in perpetuity
3. it is relatively easy and inexpensive to enforce you rights
4. it serves as a deterrent to would-be fraudsters
5. it ensures that you alone are able to exploit the fruits of your talents, labour and creativity

What's in name you ask? Well, in this game, potentially, PLATINUM.

See: Media and Entertainment Law
Nolo Khechane
Partner
Trade Mark Department