What’s in a (pen) name?

Recently there’s been a lot of buzz about what happens when two authors share a name. It’s a huge problem and, ultimately, something you need to be very aware of when you first begin building your author brand.

Just because it’s your legal name does not mean you can automatically use it as your professional name. This is one of the main reasons pen names exist.  Just because your name is Stephen King does NOT mean you can use that name on your books without serious issues. And even if your name isn’t immediately recognizable as a famous author, that doesn’t mean someone isn’t already out there using it. In this case, not to be childish, but that person has what amounts to legal dibs on the name.

So the first thing you need to do when beginning to build your author brand is to do a very thorough name search. Check Amazon, Twitter, Goodreads, Smashwords, and Google. See if anyone in the wide world is already using your name. It doesn’t matter if they write in a different genre than you, if they are publishing under that name, you shouldn’t be.

And when you can’t use your legal name for whatever reason, that stings. It hurts because that is literally who you are. It’s what your mom calls you and how all your friends know you. Not being able to see your name on your books is a hard pill to swallow, I know, but swallow you must. It will save you immeasurable headaches down the road.

If you fall into that category, consider a pen name close to your real name, use your maiden or middle name or simply pick something that you like. This is going to be your professional persona, so choose carefully. And then search again for whatever new name you’ve chosen. (Let me add that just adding an initial to the name does NOT absolve you from these legal issues. If you use Nora K. Roberts, better believe Nora Roberts will sue the skin off your back).

http://www.brainlesstales.com/2012-11...

 

So you have a name that no one else is using, what now? The first thing you do is set up your online author accounts with that name. Set up your Facebook author page, your Goodreads author page, and most importantly, your AMAZON author page. If your first book isn’t published yet, I highly recommend self publishing a novella or something on Amazon, for the sole purpose of claiming your author profile. I have a good friend who, despite having other author sites set up under her name, failed to claim her Amazon Author Account and someone using the same name swooped in and secured it. Now anytime she publishes a book, it tries to link to the OTHER author’s amazon author account. It’s a huge headache. Amazon is the only place where the date you claimed the name is visible, so if there’s ever an issue of who was using the name first, you have some proof there.

My Amazon Author Page

Also, secure your web domain name. Mine is http://sherryficklin.com. Anyone searching for my name online sees my website pop up first in a search. That’s what you want. That helps keep other people from claiming your author name. I got my domain name from Go Daddy and I think it was $7 for the first year, $12 a year after that. Even if you aren’t going to use the domain yet, secure it NOW.

And this is a big one, you should absolutely trademark your author name. It gives you legal recourse in the event that someone else decides to usurp your name. It costs between $100-$200 (if you go through a service like Legal Zoom) but I suggest making it happen. You can read more about registering your trademark .

 

So you’ve established your brand and now someone else is using your name, what do you do?

Firstly, I recommend contacting them directly with a nicely worded letter letting them know that there’s an issue, and if you did trademark the name, making them aware of that. This only works if you catch it early, someone just starting up is more likely to be amiable to change than someone who already has a whole series published under that name.

In order to keep from being surprised, I suggest you do monthly sweeps, google searching for your name. If something crops up and it’s a blatant case of identity theft (aka a person posing as YOU online, not just using the same name) you need to report them immediately.

If you contact the person and they refuse to change their name, you really have two options. You can seek legal recourse (the Authors Guild has a legal team that can help you if you are a member),file a complaint with the trademark office (if you trademarked the name), etc, or you can change YOUR name and rebrand yourself.

Of course, there’s always the option of doing nothing, and just living with the inevitable confusion, but if you do nothing, be aware that THEY may then trademark the name and force you out of using it.

Which do you really want to do?

I’ve heard lots of authors receive some bad advice in these kinds of matters, advice like, “Don’t worry, your fans know who the real you is.” That’s not only untrue, but weakens your claim to the name by waiting. Whatever you decide to do, act quickly and decisively. Because your die hard fans might know the difference, but the majority of readers will not.

 

My friend who had her name stolen came to discover much too late that the other author using her name was publishing hardcore erotica, and that her family thought it was hers! Mortifying. And because she didn’t act quickly to stop the infringement, she ended up having to rebrand herself. She even tried keeping the pen name and simply adding her own name and “writing as” to the titles, but that did no good either. It’s been a long, frustrating road and one that becomes exponentially more difficult for those publishing with big houses.

Let me be clear, they will not protect you from this sort of thing. It’s up to you to protect yourself.

So when you’re ready to make your public appearance as an author, be sure you’ve carefully researched the name you’re using and secure those author pages, domains, and a trademark quickly. Believe it or not, you may not be the only Merryweather Anne Pennybottom on the block.