FKA Twigs Told to ‘Embrace New Name’ By The Twigs Back in 2013, Alleged Emails Show

The High Cost of a Name: The Evolution of Artistic Trademarks

In the modern attention economy, a stage name is more than just a creative choice—It’s a high-value corporate asset. The recent legal friction between global superstar FKA Twigs and the indie group The Twigs highlights a growing tension in the music industry: the collision between artistic identity and intellectual property (IP) law.

As artists transition from niche creators to global brands, the “trademark wars” are becoming more frequent and more expensive. We are seeing a shift where the legal right to a word or phrase can outweigh decades of artistic goodwill.

Did you know? In the U.S., “common law” trademark rights can be established simply by using a name in commerce, even if the artist hasn’t officially registered it with the government. This often leads to “first-to-use” battles between compact indie acts and rising stars.

The “Celebrity vs. Indie” Power Dynamic

One of the most significant trends in IP law is the increasing volatility of disputes between established celebrities and independent creators. When a superstar begins to “erode” the brand of a smaller entity—intentionally or not—the legal stakes skyrocket.

Historically, smaller artists might have been overlooked. However, with the democratization of legal resources and the high visibility of social media, indie artists are now more likely to fight back using cease-and-desist letters and countersuits.

We are entering an era of “Brand Equity Litigation,” where the goal isn’t just to protect a name, but to extract compensation for the “market confusion” caused by a more famous entity. The demand for million-dollar settlements, as seen in recent industry disputes, reflects a trend of treating stage names as venture-backed assets rather than mere pseudonyms.

Real-World Precedents in Name Disputes

This isn’t an isolated phenomenon. From the early days of pop to the streaming era, name clashes have shaped careers:

  • The “Common Name” Conflict: Many artists have been forced to add initials or modifiers to their names to avoid litigation with existing trademarks in the clothing or beverage industries.
  • The Pivot Strategy: Like many in the industry, artists often start with a descriptive name and pivot to a unique, “coined” word (a neologism) to ensure they can own the global trademark without opposition.

The Digital Paper Trail: Emails as Legal Weapons

The emergence of decade-old emails as evidence in court battles signals a new reality for artists: your digital footprint is a permanent legal record. In the past, “handshake deals” or casual conversations about name usage were forgotten. Today, every DM, email, and text is a potential exhibit in a trademark trial.

The trend toward “Forensic Branding” means that lawyers are now scrubbing years of communication to prove “intent” or “prior knowledge.” If an artist acknowledged a trademark conflict early in their career—even in a vulnerable or empathetic tone—that admission can be used to prove willful infringement later.

Pro Tip for Emerging Artists: Before settling on a stage name, perform a comprehensive “TESS” search via the USPTO (United States Patent and Trademark Office). Securing a federal trademark early is significantly cheaper than fighting a million-dollar lawsuit after you’ve hit the charts.

Future Trends: Toward “Un-googleable” Identities

To avoid these legal minefields, the next generation of artists is moving away from dictionary words and toward abstract identities. The trend is shifting from “The [Noun]” (e.g., The Twigs) to entirely unique phonetic constructions.

This shift serves two purposes: it eliminates trademark conflict and optimizes for Search Engine Optimization (SEO). An artist with a unique, coined name will always rank #1 on Google, whereas artists using common words must fight through millions of unrelated search results.

we expect to see more “Co-existence Agreements,” where two parties legally agree to share a name within different “channels of commerce”—for example, one using the name for a touring band and another for a fashion line.

Frequently Asked Questions

Can two artists have the same name?
Yes, if they operate in different markets or if neither has a registered trademark that creates “likelihood of confusion” for the consumer.

What is a cease-and-desist letter?
A formal request demanding that a person stop an illegal activity (like trademark infringement) or face legal action.

Does “FKA” (Formerly Known As) protect an artist legally?
Not necessarily. While it signals a change in identity, if the artist continues to use the core trademarked name, they can still be held liable for infringement.

How do I protect my stage name?
The most effective way is to register your name as a trademark in the specific categories (classes) that apply to your business, such as musical recordings and live performances.

Join the Conversation

Do you think artistic freedom should outweigh trademark law, or is a name a business asset that must be protected at all costs? Let us know in the comments below or subscribe to our newsletter for more insights into the intersection of art and law.

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