As I understand it, names and titles cannot be copyrighted, which is why BJ is saying that his name is a ™. I undedrstand that too. A down and out pian player wants to make a back, records an album of crappy covers under the name of Billy Joel and convinces a record store (or amazon) t sell the dreck. Obviousy, BJ wants to protect his name, but does he have a chance in court?
Genuine question: Why would you think he wouldn’t? Looks like a clear violation.
His name is William Joseph Martin Joel.
“Billy Joel” is copyrighted as a stage name. Several other artists have done the same thing.
The copyright protects the merchandising rights for Joel’s stage name. If it were not copyrighted, I could sell T-shirts outside a venue where Joel was performing that had “Billy Joel World Tour 2006” on them and not be breaking any law. With the copyright in place, I can be successfully prosecuted for infringement.
It does not prevent us from talking about him and referring to him as Billy Joel.
I don’t think it is possible to copyright a name. Names are usually trademarked. They operate on similar principles, but I understand that there are some differences between the two. I’m sure there will be a real IP guy along shortly to explain further…
I think you mean trademark.
Here is a case that reviews some of the older cases on celebrities’ trademark (or service mark)* rights in their names, perhaps the most famous being the *Carson * case. copyright | Wex | US Law | LII / Legal Information Institute
This court distinguishes footage of celebrities, which is subject to copyright law, from use of their name, *e.g., * Carson, or imitation of characteristic mannerisms, Wendt.
Is it common for performers to trademark their stage name and display the ? I don’t recall John Mellencamp doing that back in his younger days when the record company thought he’d do better as Johnny Cougar, nor have I seen Gordon Sumner do the same with Sting.
So why does Mr. Joel do it so visibly?
I believe it was because of Artie Ripp, who lived up to his name by ripping off Mr. Joel pretty badly.
Harlan Ellison has trademarked his name as well.
Rico: I used to suck up everything I could about Billy Joel when I was a tennager, and I never ran across “Joseph” as a part of his name until now. I see that it’s in the (long overdue for updating) alt.music.billy-joel FAQ. Wonder where they got it from? I’ve only ever seen “William Martin Joel.” (He played piano bar under the name “Bill Martin.”)
I wonder about trademarking a common name, though. Does that mean people REALLY named Billy Joel would owe him royalties? (Is this OP spurred by the Andy Griffith issue?) Would it hold in court?
If so, maybe I should tm my name now!
- Jinx
Could we have a link to the Staff Report, please?
Only if you can establish secondary meaning (or are famous).
Illustrative discussions:
http://ivanhoffman.com/personalnames.html
http://www.arbforum.com/domains/decisions/128073.htm
http://www.usip.com/articles/nameastm.htm
http://www.wipo.int/sme/en/faq/tm_faqs_q4.html
There’s also the issue of whether the mark would be found to be “primarily merely a surname,” although this finding only requires proof of distincitiveness: TMEP 1211.01: "Primarily Merely a Surname", Oct. 2017 Ed. (BitLaw)
and see, Parks v. LaFace Records (6th Cir. 2003) (even though Rosa Parks’ name might not be eligible for registration as a trademark, and even though Defendants were not selling Rosa Parks-brand CD’s, a viable cause of action also exists under § 43(a) if consumers falsely believed that Rosa Parks had sponsored or approved the song, or was somehow affiliated with the song or the album, subject to some other issues; possibly also protected by right of publicity). http://laws.lp.findlaw.com/6th/03a0137p.html
No.
“Billy Joel” is a trademark in only one particular use: to refer to a piano-playing musician. As long as you are not standing up on stage and performing under that name, or doing something that might be confused with the trademarked Billy Joel, then you are allowed to use it.
Just having and using the name is not a trademark infringement. There are many people walking around with the last name of “McDonald,” for instance. They only get into trademark trouble if the open a restaurant.
If your real name >was< Billy Joel and you wanted to perform, you’d be urged to pick a different stage name (probably long before Billy Joel found out about it – the person running the performance venue would insist on it). The trademark does not prevent someone else named “Billy Joel” from performing; all it does is prevent them from performing as “Billy Joel.” They could use “William Joel” and probably be OK, or, to be absolutely sure, call themselves “Billy Johnson.”
Very true.
He can protect his name if he is using it in commerce as a brand name for goods and services. If he’s just using it as his name – as in “This album was recorded by me, Billy Joel” or “This Broadway musical was directed by me, Billy Joel,” then, no, he probably doesn’t have a protectable trademark.
Trademarked, not copyrighted. Names cannot be copyrighted.
I believe that the law does not make a distinction between your “legal” name and your “stage” name. Under American law, in particular, your name (for legal purposes) is pretty much what you tell everyone it is. If everyone knows you as “Billy Joel” then that’s your name. Your name might also be William Joseph Martin Joel, but that’s not necessarily relevant. You are not obligated to use the name on your birth certificate for most day-to-day purposes. If you’re using it as your name, then it’s treated as a name, not as a trademark.
Of course, this is subject to the Carson issue for celebrities that Gfactor mentions.
I doubt that it would even prevent that. You can’t stop someone from using his real name as his name. “I am Billy Joel and I will play the piano for you today” is use as a name, not as a trademark.
Looking at Billy Joel’s three trademark and service mark registrations, I see the following categories:
(1) SERIES OF PHONOGRAPH RECORDS, PRE-RECORDED MAGNETIC AUDIO AND VIDEO TAPES AND CASSETTES. (2) Posters, Music Books and Concert Programs. (3) Entertainment Services-Namely, Musical Entertainment Rendered to the General Public.
In all cases, the registration is for a “typed drawing,” not a simple word mark. So it seems to me that Billy Joel does not, in fact, assert rights for his name qua name, but in fact a particular typed drawing of his name, used in connection with the provision of the foregoing services.
Mainly if said restaurant focuses on fast food and/or uses a the same lettering as the burger joint. A steak house with different lettering might raise some eyebrows at the burger joint’s HQ but wouldn’t get very far if they tried to make a case out of it.