LAS VEGAS—It’s growing, hypercompetitive and has become a sure way models can continue earning a living during this pandemic.
In the age of social distancing, camming has become the way to go—for adult entertainment performers, as well as for amateurs finding their newly found pot of gold.
But as more models join in the online fun, some well-established adult entertainers are increasingly finding their moneymaking names or similar ones—including those protected by trademark—being used by fakes, frauds and phonies on various cam sites.
Industry attorney Lawrence Walters, of Longwood, Fla.-based Walters Law Group, says those individuals putting their hat into the adult entertainment ring especially need to be concerned about their stage names not riding on the coattails of established performers.
“The new wave of performers need to be mindful of naming rights—both for purposes of protecting their own brand name and avoiding infringement concerns,” Walters told AVN. “A performer can select a stage name so long as that name is not being used by someone with superior rights.”
One simple way to check federal trademark registrations is USPTO.gov, which lists existing registrations and pending applications, Walters said.
“If the chosen name is the same, or confusingly similar to, an existing registered mark, this could spell trouble for the performer,” he said. “Even if there is no federal trademark registration, the brand could be registered at the state level, or may be used by someone without a registration, who could still have superior ‘common law’ rights.”
It is best to legally clear a stage name before sinking substantial funds into marketing and promotion, he noted.
“All of that effort could be lost if a superior trademark holder forces the performer to change his or her name,” Walters said.
“Obtaining a trademark registration gives the owner substantial rights to pursue confusingly similar brands. For example, once you obtain a registration, the public is on constructive notice that you own the mark,” he said.
“Also, you will not be required to pay expensive legal fees to prove up your trademark rights in any litigation or domain name dispute. Your registration certificate operates as a presumption of ownership of the mark.”
Walters said that most states require individuals and companies to register any fictitious name under which they do business. This is different than a trademark and often referred to as a DBA.
“In some states, doing business under an unregistered fictitious name is a criminal offense,” he said.
Walters noted that some performers will decide to set up an LLC or corporation for various business, tax, or asset protection purposes.
“The same considerations apply to use of a corporate name in commerce,” he said. “Using an infringing corporate name as a brand can result in a trademark infringement claim.
“Remember, the mere fact that a state agency allows you to register a corporate or fictitious name does not mean that the name has not already been registered as a trademark by someone else,” Walters said. “A full trademark search is recommended before selecting any brand name or stage name.”
Walters noted that a post in his “The Law of Sex” blog discusses personal and business names, as well as trademarks. It can be accessed here.
