Forums > Social Chat > Help and Name Infringement?

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Pele
BRONZE Member since Dec 2000

Pele

the henna lady
Location: WNY, USA

Total posts: 6193
Posted:Okay, so I know for all intents and purposes that I am beyond *most* kinds of help, but I am in need of some opinions.

You see...in the performing community, especially dance but in many others, it is a big deal to have someone name you and someone tagline you.
I was fortunate to have both happen for me.
Pele was more of a dedication by a friend.

"Fire Goddess", the tagline, was a gift from friends, from HoP, from side show people and from the dance community as well. It is on all my materials, and trade/service marked to me in the performance arena. It has nothing to do with that I think I am a goddess, because let me tell you all, unless we are talking about being the goddess of cellulite ridden, clutsy bitca's, I am no goddess. But it is part of my stage persona, a part of who I become, and something I enjoy tremendously.

Now, there is a workshop coming up in March in Florida for the dance community and there is a presentation by a fellow firie, one of whom I respect and like tremendously. I was soooooo incredibly hurt when I saw on the e-mail flyer that my tagline was on her name! Not only that but I received emails from people thinking that it is me presenting!!!! I am even in a book on sideshow arts as such.

I have written her an email, a nice one. Technically I could take this to court and I really don't want to. It somehow feels like I have been violated, and this really hurts, if that makes sense?

How important is your name/nickname/pet name/stage name to your identity? I know people who changed their names to made up ones to really feel comfortable in their identity. Even Sage has an eloquent description of why/how she changed her name on her video. It is in light of this that I do not feel I am over-reacting, especially since I am not angry but more hurt. What do you think?

*edit for PS* to all those who emailed or im'd me, I will get back to you, I have not been near the pc much lately! Sorry and hugs!


Pele
Higher, higher burning fire...making music like a choir
"Oooh look! A pub!" -exclaimed after recovering from a stupid fall
"And for the decadence of art, nothing beats a roaring fire." -TMK

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Ade
SILVER Member since Mar 2001

Are we there yet?
Location: australia

Total posts: 1897
Posted:Pele - firstly a question - could it just have been a typo on the flyer? your tagline accidently put with the other performer? could it just be a mistake?

secondly - is your performance name registered as a business name? would it help if it was? would that give you some protection?

thirdly - would this person have known 'fire goddess' was your tagline? Please don't take offence - but it's a pretty easy name to come up with, and I would think several performers would think of it without reference to each other..... maybe.... maybe it wasn't deliberate?



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Dentrassi
GOLD Member since Apr 2003

Dentrassi

ZORT!
Location: Brisbane, Australia

Total posts: 3044
Posted:quote: a fellow firie, one of whom I respect and like tremendouslyin that case, would a personal phone call be the best idea? emails are hard because its hard to understand the intented tone of the comment, and can be a bit impersonal. by actually talking it over its probably going to get resolved far quicker with much less trauma.
if you respect them, they probably dont realise they have hurt you.

good luck


"Here kitty kitty...." - Schroedinger.

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Pele
BRONZE Member since Dec 2000

Pele

the henna lady
Location: WNY, USA

Total posts: 6193
Posted:Ade, Yes it is protected. Pyromorph "Let the Fire Change You" is protected and so is Pele the Fire Goddess, under Pyromorph. (I set up essentially so that I am an employee of my own business). But the term only applies to the performing community. If someone were to name a statue Fire Goddess, if someone were to name a book that or whatever, then it doesn't apply (I believe that is how it goes). In my email I asked her about whether or not the promoter just put it on there. She used to be on the board. I remember when she was a newbie and we had countless discussions. I totally realise that it is easy to come up with, which is why it is protected, and the person, having been in conversations with me before...and I think that is what bothers me. It's closer to home, you know?

Actually, the producer made some errors in presenting her as one of the only fire bellydancersin some promo stuff. There are a few people that I know who are writing the producer to complain, as there have been several groups around alot longer. It is one of those things that in trying to be trendy on the East Coast, the West Coast groups are getting pissed off. It is a mess. It's one of those things where more was said than research was done I think. *shrug*

Dentrassi, just because I like and respect her doesn't mean that I know her personally. In fact, I do not. So, that leaves me to email, which I agree gets all tangled in miscommunications all the time, and is something I am worried about. I repeatedly stated that I was not angry and that my tone was not one of anger but who knows if she took it that way you know?

I hope I don't sound petty either...if that makes sense? It just feels like someone is taking my stage identity, and even if unintentionally, it is hurtful.


Pele
Higher, higher burning fire...making music like a choir
"Oooh look! A pub!" -exclaimed after recovering from a stupid fall
"And for the decadence of art, nothing beats a roaring fire." -TMK

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ben-ja-men
GOLD Member since Jun 2003

ben-ja-men

just lost .... evil init
Location: Adelaide, Australia

Total posts: 2474
Posted:hi pele, i personally dont define myself through my name but through my research work and if someone else where to pass it off as their own i would be more than hurt. I would suggest a call to the promoter and explaining that it is your regestered name and that in him promoting the event with your name on it when you are not in it is a problem. so if the promoter isnt cooperative jump around up and make some noise as they say the squeaky wheel gets the oil.

Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourself, who am I to be brilliant, gorgeous and talented? Who are you NOT to be?

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polythene


veteran
Location: London/ Surrey

Total posts: 1359
Posted:I agree, it's not a silly posessive thing... Name counts for a lot in performance> I'd be extremely annoyed if I bought tickets to see Stereophonics only to find that some new boyband had decided to use the name. To me that would be misrepresentation.

The reputation you build up is associated with the name you use, it's what people remember you as, so you should definitely defend your stage name, (if politely at first, mistakes can happen) especially as you registered it as your own.


The optimist claims that we are living in the best of all possible worlds.
The pessimist fears this is true.

Always make time to play in the snow.

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