Q: If I have the same artist name as someone who has trademarked the name, do I have to remove my music from stores?
I released music to Distrokid in March and May under my artist name Jilian Ann. There happens to be another Jillian Ann who has released music in the past who just contacted me claiming she owns the trademark to Jillian Ann and has threatened legal action on me if I don't change my artist name. Will I have to take down my releases on stores? I can't change my artist name on past releases since they are already live on streaming services.
A: Your situation sounds serious enough that I suggest you consult with counsel as to your options.
A: Using the same artist name as another artist who has used the name as their trademark prior to your use will likely lead to confusion among consumers and cause dilution of their trademark. You should seek counsel from a trademark attorney to discuss your options. Trademark infringement is a very serious claim.
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