What mechanism, if any, prevents drag performers from copying each others’ stage names? Is there a database? Are they trademarked?
Like, if Jeff Smith in Chicago routinely brings down the house as Sally Minella, and in L.A. Fred Jones does the same, what would happen if they found out about each others’ stage names? Arbitration? Legal action (from whomever claimed it first)? Talking it over nicely?
I do recall that clown makeup is trademarked. Since names are trademarked, I’d be surprised if a performance name can’t be trademarked when necessary, when it’s worth the effort to protect. OTOH there was an episode of Modern Family where Fizbo the Clown meets (and is assaulted by) Fizbeau le Clown.
IIRC the screen actors’ guild (??) keeps a list of registered movie star names to prevent this sort of problem in the cinema industry.
That’s a guild rule not a legal trademark. Having a name in the guild is not an automatic trademark. And that’s only for made up screen names. They can’t prevent anyone from using their real name even if there is another one, though it is discouraged.
From everything I can see online it is perfectly legal to trademark a stage name, drag or not. It’s up to the individual to go through the legal steps themselves.
Fun fact (the legal point raised by @Loach notwithstanding): This rule was the reason why Michael J. Fox started his career under that name. Michael Fox, without the middle initial, was already taken by another actor (who played, among other things, the recurring role of Dog’s veterinary in “Columbo”).
Since this is about show business, let’s move it to Cafe Society.
It’s a SAG rule; actors need to have unique names.
The same thing with Harry Morgan, Col. Potter on MASH, among 164 other credits. He was credited (if at all) as Henry Morgan from 1942 until 1959 then Harry Morgan after that because a comedian Henry Morgan became popular.
Why he didn’t get dibs on keeping his name I don’t know, but for a while after the transition he was billed as Harry (Henry) Morgan.
I don’t have an answer, but I’m always looking for an excuse to plug the online list of roller derby names, which is full to overbrimming with fantastic names. Just the ones riffing on Jackie O are enough to warrant a visit-
Jackie O Classless
Jackie Own Asses
Jackie ONoYouDidn’t
Jackie O’Nasty
Jackie O’Snatches
Jackie OHellNaw
And more…
His birth name was Harry Bratsburg so it wasn’t his name. Henry Morgan was born Henry Van Ost. So I’m not sure how or why Harry Morgan changed Harry to Henry.
On SAGs page is says specifically they can do nothing if you want to keep your own birth name. They discourage it but they can’t stop you. They do make you sign a waiver. So Michael Douglas didn’t have to change his name to Michael Keaton but it was a good idea. However it does say if you are picking a screen name they won’t let it be close a current member.
“Professional Name Policy
“It is SAG-AFTRA’s objective that no member uses a professional name which is the same as, or resembles so closely as to tend to be confused with the name of any other member. SAG-AFTRA urges all applicants and members to minimize any personal or individual risk of liability by avoiding a name that may cause confusion. SAG-AFTRA shall not be responsible or legally liable in the event an applicant or member uses a professional name that may cause any confusion.”
During your joining appointment, we will ask you for three alternate name choices, in case your first choice is not available. A final name-availability check is done at the time the initiation fee is paid. Only then can an applicant be assured of having a particular professional name.
For Alternate Professional Name: http://www.sagaftra.org/files/sag/documents/alternate_professional_name_form.pdf
PLEASE NOTE: While we strongly discourage members from selecting a professional name that is in conflict with a current member, SAG-AFTRA cannot preclude a member from using their legal name as their professional name. When such a situation arises, SAG-AFTRA requires that the applicant/member sign an “Acknowledgement” form in order for their request to be processed.”
Fun Fact part 2 - Michael J Fox’s actual middle name is Andrew, but he didn’t want to be credited as ‘Michael A Fox’ because he didn’t like that it sounded like ‘Michael, a fox’ (notwithstanding that a not insignificant number of teenage girls would have agreed that that was accurate), so he chose J, apparently as a shoutout to Michael J Pollard.