Tuface v. Tubaba: Who Owns The Name?

Innocent Idibia popularly known as Tuface recently announced that he would be changing his stage name (moniker) 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.

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