I am a recording artist, and my name Robin Jones, is a combination of my given name and stepfathers last name.There is another recording artist named Robin Jones, a different genre of music.I know that names of persons cannot be copyrighted, so am I safe to use this for my career?
State/Country relating to question: California
names cannot be copyrighted, but there is a potential trademark issue
TM law is based on a "likelihood of consumer confusion" so the chances may be low...but there is a potential TM issue depending on the circumstances
if the genres are close then the risk is much higher
Would the other artist have to have a registered trademark with that name, or just the mere use of it by the other artist would constitute a trademark?
the use alone could give common law TM rights, so registration would not be necessary although it would strengthen the rights
Actually, I have now found two other recording artists using that name, both in completely different genres than I, would it be safe to move forward with my name?
if you feel the chances of consumer confusion would be very low then yes
If I trademarked the name, would I be safer?
it would help
Experienced in intellectual property law
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