Are 'pornstar' Names Trademarks?

[Mutt]

Maybe JMM or somebody else who's up to speed on issues on intellectual property ownership etc can shed some light on this.

Is a pornstar/stripper's stage name i.e Nikki Nova protected automatically as a trademark since she has put the name into commerce as they say?
Or would the girl who uses the name 'Nikki Nova' to earn her living as an adult model need to register 'Nikki Nova' as a trademark before she can stop people from using the 'Nikki Nova' name commercially as in people running paysites or free sites for that matter like Nikki-Nova.tv , or say ClubNikki.com with a site that is all focused on 'Nikki Nova'?

Thanks

[Nickatilynx]

I'd guess she's have a trademark "by usage"

All trademarks and copyrights are worth as much as the holder is prepared to pay to protect it though ;)

[slavdogg]

Mutt, the real question is,
DO they have money to go after Trademarks violations?

[Mutt]

true Slavv. Most video porn people are idiots and live check to check buying shit they can't afford and then there's the drugs.

but the girl i'm dealing with is fairly smart, seems to be anyway.

Cost of a complaint to WIPO can't be that expensive, there are probably services that do it for you.

[slavdogg]

WIPO costs $1500 to file.

WIPO case would also depand on how a domain is beeing used right now. Its not an open and shut case by no means, but could work. WIPO cases are all over the place.

You can also try buying the name for $1k or less, i know Meni has sold many of his pornstar names for less.


BUT if the sale doesnt work out and you go the WIPO route, make sure there is no trance back to you or her, as an attempt to buy WILL kill your case.


good luck, and it better not be one of my names :)

[Mutt]

thanks for the info Slavv.

$1500? a bit more than i thought it would cost, i figured $750.

don't worry, if it's one of your names, i will advise her to overlook it :biglaugh:

plus there will be an affiliate program so you can send the traffic to her.