If I use a fake business name in a film and someone trademarks it one day, will anything happen?

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Trademarks are not retroactive. If you created it before they trademarked it, you’ll be fine. Just make sure to timestamp your work to provide proof. However, once they trademark it, releasing a film to get profit while it’s trademarked would create some issues. The best thing would be to get an understanding from the party who trademarked it and go from there. Sometimes you’d have to remove it, replace it, or they’ll allow it.

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Thank you for the super thorough answer, I appreciate it !!

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Hello! I am not sure I understand your question... why would you use a fake name? Is there anything wrong or would you just like to remain anonymous? I don't know exactly what would happen, BUT I do know that if you can't legally prove that this fake name is you, you probably won't receive royalties and such.

It's like a fake company WITHIN the film, so not a real business

To avoid these issues in the future, I would advise you to always keep record of your communications with the film people, and let them know about your decision to use this alias so you can get what you deserve once the film is trademarked.

Hypothetically, what would happen if you used a fake name? Like... are you worried about possibly not getting paid or someone abusing their authority and disregarding your involvement completely? If this is your concern, use your real name.

No no so I'm using a fake company name within the film, so it's a fake company that only exists in the universe of my movie, does that make sense?

After the fact - no.

I mean, if this were a thing, everyone and their brother would be watching older films and then running to trademark names so they could turn around and sue. Not logical.

Agreed with SA1. Trademarks and any compensation for them only start on the date the trademark was accepted and forward from there.

I doubt it

does that hold up in court as a defense? jk haha

You may make use of the clause „all names are fictional“ in credits - that’s how it works in Germany at least.

Considering the fact that you've used the name before the trademark existed, I doubt it.

If someone uses it with bad intentions, then you will be caught as well. I don't think that's a good idea. Why would you use a fake business name in the first place?

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