Tuesday, 5 August 2014

Tuface v. Tubaba: Who Owns The Name?

Innocent Idibia popularly known as Tuface recently announced that he would be changing his stage name -or 'moniker' if you like- to “Tubaba”.

Although the multiple award winning artiste did not give further insight into the reasons for rebranding, Tuface (Tubaba) has joined the ranks of Nigerian and foreign Artistes and Entertainers who have changed their names over the years.


Popular examples include Sean Combs (Puff Daddy, P Diddy, Diddy), Calvin Broadus (Snoop Doggy Dogg, Snoop Dogg, Snoop Lion), Shawn Carter (Jay-Z, Jay, Hova), Kenny Saint Brown (Kenny St Brown, KSB, Kenny St Best), D'banj (Ejanla, Bangalee)...


 

 A Brand name is an important asset for any entertainer. A brand name defines the Artiste's persona and is considered by many to be a major factor in winning or losing public acceptance. Nigerian entertainment monikers often employ exaggerated and catchy cultural, social and western elements.

Some entertainers successfully leverage on the public goodwill attached to these brand names by producing or endorsing consumer products (one recent example in Nigeria is
Dbanj's 'Koko Garri' line).

Contrary to general opinion, not all names are 'free' or 'available' for use in the industry. An artiste seeking to use or benefit from a stage name must first ensure that the name is not a registered (or unregistered) trademark. If the stage name is not already legally owned, the artiste may protect and secure the brand by registering a Trademark.

 


A Trademark is a sign used to identify brands that originate from a specific source. Trademarks help consumers to differentiate their favorite brands from competitors brands. Trademarks protect the right to brand goods and services under distinct names, logos and marks.  Registered trademarks guarantee the legal right to promote brands, build goodwill and protect the Trademark owner's reputation by granting the Trademark owner the exclusive right to use the brand or logo. A Trademark owner can also restrain opportunists from diluting an established brand or taking advantage of the brand.

Brand ownership can not be complete until the brand is registered as a Trademark. Thus, the brand owner can only benefit from legal protection under the Trademarks Act (TMA) if the brand is a registered Trademark.

An electronic Trademark search at the United States Patents and Trademarks Office website reveals  that musicians in the US literally 'own' their stage names. Examples include "Snoop Doggy Dog" TM 2278013 owned by Calvin Broadus, "Miley Cyrus" TM 4261735 owned by Smiley Miley Inc, "Jay-Z" TM 2485110 owned by Shawn Carter, "Kenny Rogers" TM 1199918 owned by Kenny Rogers Productions, and the list goes on.

Nigerian musicians are known for their creative music and stage names. The rapid growth of the entertainment industry is expected to herald a sharp increase in stage-name disputes and conflict over brand ownership. Early trademark registration may be the answer to defusing this ticking time bomb.
Written by Folarin Aluko

Monday, 26 May 2014

Spot The Difference: Chinese Counterfeit Sphinx Harmful To Egyptian Cultural Heritage

Imitation may be the sincerest form of flattery but the Egyptian government was neither amused nor flattered to discover that a replica of the popular Sphinx has been mounted in the Hebel Province in China. The Great Sphinx, a limestone statue and the world's largest monolith stands on the bank of the River Nile in Giza, Egypt.
The Sphinx is a mythical creature and is an ancient Egyptian cultural symbol

The Chinese counterfeit Sphinx consists of reinforced steel and a concrete body and is estimated to have cost 8 million yuan ($1.3 million).

According to Egypt's Antiquities Minister, Mohammed Ibrahim, Egypt would file a complaint with UNESCO urging the UN body to implement the 1972 UNESCO Convention protecting world cultural and natural heritage. The text of the Convention can be viewed here.



The Chinese reproduction of the Sphinx has taken the country's reputation for counterfeiting to a new level with Egypt claiming that the fake Sphinx is harmful to the cultural heritage of Egypt.

Friday, 25 April 2014

Still on the World IP Day 2014...



World IP Day themes over the past few years have explored the increasing relevance of IP in the various facets of modern society. This year's theme celebrates innovation and creativity in the film industry.

Previous World IP Day Themes
2013 Creativity- The Next Generation
2012 Visionary Innovators
2011 Designing the Future
2010 Innovation– Linking the World
2009 Green Innovation
2008 Celebrating innovation and promoting respect for intellectual property
2007 Encouraging Creativity
2006 It Starts With An Idea
2005 Think, Imagine, Create
2004 Encouraging Creativity