Members maarkr Posted September 3, 2012 Members Share Posted September 3, 2012 If I'm going to promote an artist name for a recording, ala not my own name but a stage name, should I register it as an LLC? Link to comment Share on other sites More sharing options...
Moderators daddymack Posted September 3, 2012 Moderators Share Posted September 3, 2012 I would wait to do that until you are raking in some $ ... Link to comment Share on other sites More sharing options...
Members Johnny-Boy Posted September 3, 2012 Members Share Posted September 3, 2012 I would wait to do that until you are raking in some $ ... Or being threatened/ sued for using someone's trademark/ patented name. I believe you can search the trademark database to make sure it's not being used. Of course, I think you can always use your real name. Though not 100% sure. What if your birth name is Britney Spears (or legally had your name changed to that)? Wondering how that works? I can't see it being illegal to use one's birth name. John Link to comment Share on other sites More sharing options...
Members grace_slick Posted September 4, 2012 Members Share Posted September 4, 2012 What the hell is an LLC? I thought you could use whatever name you wanted as long as it didn't infringe on someone else's established name. Like you would be stupid to choose the name Lady Baba or something, or Zitney Beers. Something like that. I wouldn't even have thought you COULD trademark a "name"...unless you were offering goods or services. I know performing, creating music IS a service, but...still. I'm not sure. You definitely wouldn't patent a name in any case. Link to comment Share on other sites More sharing options...
Members tim_7string Posted September 4, 2012 Members Share Posted September 4, 2012 What the hell is an LLC? LLC = Limited Liability Company. Primarily used to provide limited liability for owners/partners. In a sole proprietorship, you are responsible for all taxes, legal issues, etc. The LLC protects owners/partners from some of this. More info here: http://www.sba.gov/content/limited-liability-company-llc Link to comment Share on other sites More sharing options...
Members Axegrinder009 Posted September 5, 2012 Members Share Posted September 5, 2012 If you are a member of ASCAP or BMI, you can search for any name that you might use to see if it is already taken, or if the name you want is too close to something else. I have my own LLC record company, and when I applied to ASCAP as a producer under my company name, they had me register under a slightly different company moniker. In any event, I believe that a performer's name is a trademark issue vis-a-vis other artists. For example, if your name is Tom Cruise, that's perfectly fine and legal until you want to register as an actor, then SAC will make you chose another name for yourself as a performer. Link to comment Share on other sites More sharing options...
Members MargeHowel Posted September 5, 2012 Members Share Posted September 5, 2012 Or being threatened/ sued for using someone's trademark/ patented name. patents aren't for names Link to comment Share on other sites More sharing options...
Members MargeHowel Posted September 5, 2012 Members Share Posted September 5, 2012 For example, if your name is Tom Cruise, that's perfectly fine and legal until you want to register as an actor, then SAC will make you chose another name for yourself as a performer. I thin you are thinking SAG..the Screen actor's guild anyway, an LLC is a type or corporation that serapates certain biz liability from you personally from biz operations. what you probably want to file is DBA -- Doing Business As -- registration papers, that allows you to conduct biz under a different name. it's not like incorporation or anything - it doesn't provide you with those sorts of protections here - this should get you jump started http://www.sba.gov/content/register-your-fictitious-or-doing-business-dba-name Link to comment Share on other sites More sharing options...
Members Johnny-Boy Posted September 5, 2012 Members Share Posted September 5, 2012 patents aren't for names Yeah, I know. But it's the same office (United States Patent and Trademark Office). John Link to comment Share on other sites More sharing options...
Members MargeHowel Posted September 6, 2012 Members Share Posted September 6, 2012 Yeah, I know. But it's the same office (United States Patent and Trademark Office). John just totally different processes and for different things, i mean really really really different - think of it this way - a patent attorney has to sit a completely different bar exam It's the only federally certed specialty in law I'm bringing it up b/c there's enough confusion in this area as it is Link to comment Share on other sites More sharing options...
Moderators daddymack Posted September 6, 2012 Moderators Share Posted September 6, 2012 I thin you are thinking SAG..the Screen actor's guildanyway, an LLC is a type or corporation that serapates certain biz liability from you personally from biz operations.what you probably want to file is DBA -- Doing Business As -- registration papers, that allows you to conduct biz under a different name.it's not like incorporation or anything - it doesn't provide you with those sorts of protectionshere - this should get you jump startedhttp://www.sba.gov/content/register-your-fictitious-or-doing-business-dba-name This is probably the better road, do a fictitious business statement (aka a DBA)...you just need register it with the local responsible agency and to get it published in a local newspaper. Most of them live off the DBA filings, btw, as print gets harder to justify. Not all states (or counties) require the registering of fictitious business names or DBAs. Eventually the laws governing this will be adjusted to the modern world uniformly, and you will be able to do it as an online posting. Link to comment Share on other sites More sharing options...
Members danosongs Posted September 14, 2012 Members Share Posted September 14, 2012 Your artist name would be trademarked if you want to protect it. LLC is a form of business entity, not a way to protect your name. A patent is like a copyright for inventions and nothing to do with names. Link to comment Share on other sites More sharing options...
Members Zedong Mao Posted September 18, 2012 Members Share Posted September 18, 2012 Dire Straight II or Pink Floyd II are free to use, and guarantee a profitable start Link to comment Share on other sites More sharing options...
Members MargeHowel Posted September 18, 2012 Members Share Posted September 18, 2012 One thing to keep in mind is that trademarks are enforced through use in the marketplace you can declare trademark with a simple TM..it just means you are using it to identify your goods/services in the marketplace® us a registered trademark (it's been filed with the USPTO) Zooey is an IP attorney around here, so he could probably help you out with the details Link to comment Share on other sites More sharing options...
Moderators daddymack Posted September 18, 2012 Moderators Share Posted September 18, 2012 Dire Straight II or Pink Floyd II are free to use, and guarantee a profitable start I disagree...I'll be willing to bet that if you put out a release under that name the C&D letters would arrive shortly. Link to comment Share on other sites More sharing options...
Members whytheguitar Posted September 18, 2012 Members Share Posted September 18, 2012 Try to come up with a name that doesn't keep being used by everyone like Johnny this and Johnny that. Look up some good stuff on google for names. Link to comment Share on other sites More sharing options...
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