Can a Celebrity Trademark Prevent Someone From Using the Same Name in Music?
Short answer: Not always. A celebrity trademark does not automatically prevent someone else from using the same legal name in music or entertainment. Even if a global superstar owns a trademark for their name, someone with that same name can sometimes use it in commerce without violating trademark law. In this article, we explain how this works using a hypothetical involving the internationally famous artist Rihanna and an emerging musician named Rihanna Rae.
We break the issue down in simple terms so you and your business can understand the key legal concepts and what this means for personal branding and trademark rights.
What Is a Trademark?
A trademark protects words, names, phrases, symbols, or designs that identify and distinguish the source of goods or services in the marketplace.
For example:
A famous artist’s stage name can be registered as a trademark for music and entertainment services.
That registration gives the owner exclusive rights to use the mark in ways consumers associate with that artist’s brand.
But a trademark is not an absolute right to every use of that name in every context.
Can a Celebrity Trademark Block a Legal-Name Use?
Scenario: Rihanna (the superstar) owns a registered trademark for “Rihanna.” An emerging recording artist whose legal name is Rihanna Rae starts performing and releasing music under the name “Rihanna Rae.”
Can the trademark stop Rihanna Rae from using her own name professionally?
The answer is complex. It depends on how the name is used and whether consumers are likely to be confused by that use.
When a Trademark Holder Can Enforce Rights
A celebrity can enforce trademark rights if:
The new artist’s use creates a likelihood of confusion about sponsorship or endorsement.
The names are used in the same industry (for example, both are recording artists and entertainers).
The use of the name functions as a brand identifier, not just as a personal identifier.
Trademark law focuses on consumer perception and whether the public is likely to think the two artists are related or the same entity.
What Is the “Own Name” Defense?
The “own name” defense allows individuals to use their legal names in business, even when a similar trademark exists, as long as the use is honest and non-confusing. Trademark law recognizes that people have a right to use their own names in business, even when someone else has a similar trademark. This is sometimes called the “own name” defense.
To succeed with this defense, the person must show:
They are using their actual legal name.
The use is in good faith and not intentionally deceptive.
The use does not create consumer confusion about sponsorship or endorsement.
So if Rihanna Rae can show that:
“Rihanna Rae” is her legitimate name,
She is not trying to trade on the established superstar’s fame,
And her branding and marketing clearly distinguish her from Rihanna…
…then she may have a viable defense to a trademark claim.
How Do Courts Decide These Cases?
Courts look at likelihood of confusion factors, including:
Similarity of the names as used in the marketplace.
The fame and distinctiveness of the senior trademark.
The relatedness of the goods or services (both in music here).
Evidence of actual consumer confusion, if any exists.
Courts also consider whether the junior use was in good faith and whether disclaimers or clear branding could reduce confusion.
In some cases, courts allow artists with the same legal name to coexist if their marketing and presentation are sufficiently distinct.
Example: What Might Happen With Rihanna Rae?
If Rihanna sued Rihanna Rae for trademark infringement, the key issues would likely include:
Is the public likely to believe that Rihanna Rae is affiliated with or endorsed by Rihanna?
Does Rihanna Rae consistently use her full name in branding and marketing?
Has Rihanna Rae intentionally tried to leverage Rihanna’s fame?
If Rihanna Rae’s branding avoids confusion, and if consumers do not reasonably believe the two artists are associated, a court may allow coexistence.
In practice, this could mean:
Requiring disclaimers on certain platforms.
Limiting confusing logo styles.
Ensuring metadata and artist profiles always include the full legal name.
What Should Artists Do When Their Name Matches a Famous Trademark?
Here are practical steps for emerging artists:
1. Conduct a Trademark Search
Before adopting a professional name, check the USPTO database for existing registrations.
2. Use Clear Branding
Include full legal names and modifiers to reduce the chance of confusion.
3. Consider Coexistence Agreements
If both parties want to operate in the same field, a formal coexistence agreement can protect both sides.
4. Consult an IP Attorney Early
A lawyer can help assess risks, draft disclaimers, and plan branding that minimizes legal exposure.
Frequently Asked Questions About Celebrity Trademarks and Name Rights
Can a celebrity trademark stop someone from using their own name?
Not always. Trademark law does not automatically block someone from using their legal name. The key issue is whether that use is likely to confuse consumers about endorsement, sponsorship, or affiliation with the celebrity who owns the trademark.
Is it legal to use your real name as a stage name if a celebrity already uses it?
Sometimes. Using your real name can be lawful if it is done in good faith and does not create consumer confusion. Courts look closely at branding, marketing, and whether the use appears to trade on the celebrity’s reputation.
What is the “own name” defense in trademark law?
The “own name” defense allows individuals to use their legal names in commerce, even if the name is similar to an existing trademark. The defense applies only if the use is honest, non-deceptive, and unlikely to confuse consumers.
How do courts decide trademark disputes involving artists with the same name?
Courts analyze factors such as name similarity, industry overlap, fame of the existing trademark, evidence of confusion, and whether the newer artist acted in good faith. Clear branding and disclaimers can reduce legal risk.
Can disclaimers prevent trademark infringement claims?
Disclaimers can help reduce confusion but do not guarantee protection. Courts evaluate disclaimers alongside overall branding, presentation, and consumer perception when determining infringement.
Should an artist trademark their own name?
In many cases, yes. Registering a trademark can help protect an artist’s brand, limit misuse by others, and provide leverage in disputes. An attorney can help determine whether registration makes sense based on career goals and industry scope.
Conclusion
A celebrity trademark does not automatically prevent someone from using their own legal name in commerce. What matters most is whether that use creates consumer confusion or dilutes the trademark’s value. Emerging artists like Rihanna Rae can sometimes defend their right to use their name if they can show good faith, clarity in branding, and minimal risk of confusion.
If you are facing a similar trademark issue or need help protecting your brand or artistic identity, ARS Counsel, P.C. can help you understand your rights, evaluate your options, and develop a strategy that supports your creative and business goals. Contact us today to get started.