Using a different name instead of your own???

60 replies
I really don't understand the legal aspects of using a different/fictitious name instead of your own. I believe it may be called a "pseudonym." Can anyone just use any name they chose to sell a given product? It would seem to me like this falls under false advertising. I ask because I would like to use a person of a particular age and sex that most accurately fits the demographic.
#fictitious
  • Profile picture of the author Tsnyder
    Originally Posted by B.J. Johns View Post

    I really don't understand the legal aspects of using a different/fictitious name instead of your own. I believe it may be called a "pseudonym." Can anyone just use any name they chose to sell a given product? It would seem to me like this falls under false advertising. I ask because I would like to use a person of a particular age and sex that most accurately fits the demographic.
    Yes... you can use any name you like to sell anything you want.

    BUT....

    If you live in the U.S. you are required to notify the public
    that you are operating under a fictitious identity. You do this
    by filing the correct paper with your local county or state
    authorities depending on the law in your state.

    It's called a DBA... Doing Business As.

    So... you would file a document saying, essentially, my name
    is Joe Blow and I am doing business as Michael Jonson... or whatever.

    That's it.

    Tsnyder
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    • Profile picture of the author Brian John
      Originally Posted by Tsnyder View Post

      Yes... you can use any name you like to sell anything you want.

      BUT....

      If you live in the U.S. you are required to notify the public
      that you are operating under a fictitious identity. You do this
      by filing the correct paper with your local county or state
      authorities depending on the law in your state.

      It's called a DBA... Doing Business As.

      So... you would file a document saying, essentially, my name
      is Joe Blow and I am doing business as Michael Jonson... or whatever.

      That's it.

      Tsnyder
      thnx for the response T. i realize that if your business entity is doing business under a different name u need to file a dba, but does this also apply to an individual? for example, can i use a different name on a copy for a product i'm selling?
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      • Profile picture of the author Tsnyder
        Originally Posted by B.J. Johns View Post

        thnx for the response T. i realize that if your business entity is doing business under a different name u need to file a dba, but does this also apply to an individual? for example, can i use a different name on a copy for a product i'm selling?
        Yes, the same applies to individuals as to companies.
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        • Profile picture of the author Angela V. Edwards
          Originally Posted by Tsnyder View Post

          Yes, the same applies to individuals as to companies.
          Do all authors who use a pseudonym file with the government that they are writing books using a different name? This is the first I've heard of this and I'm not sure it's the case.
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          • Profile picture of the author Tsnyder
            Originally Posted by Angela V. Edwards View Post

            Do all authors who use a pseudonym file with the government that they are writing books using a different name? This is the first I've heard of this and I'm not sure it's the case.
            Hi Angela...

            I have no way of knowing what all authors do but I
            am quite certain that if you research the subject or
            inquire of an attorney you'll find that in every state
            there is a law requiring you to notify the public through
            public filings that they are doing business with someone
            under an assumed name.

            Now... in the case of authors who only sell through
            publishers (not directly to the public on their own
            account) I doubt they are required to make such filings
            since the public isn't actually doing business with them.
            They are doing business with the publishing company
            who, presumably, knows the correct name to type on the
            author's royalty checks!

            Tsnyder
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            • Profile picture of the author Brian John
              Originally Posted by Tsnyder View Post

              Everything I sell is offered under the umbrella of a publishing company name. Products are offered in several different niches... mostly written stuff but some audio and video... by authors who are experts on the particular subjects to which their name is attached.
              All of those authors are me.
              Originally Posted by Tsnyder View Post

              Now... in the case of authors who only sell through publishers (not directly to the public on their own account) I doubt they are required to make such filings since the public isn't actually doing business with them. They are doing business with the publishing company who, presumably, knows the correct name to type on the author's royalty checks!
              interesting, t. this is what i was getting at in my original question. i'm still a little unclear...

              so u dba ur publishing company but not the individual authors...is that correct? i was under the impression that any fictitious person i claim to be would need to have a dba filed for that name, even though the product is being sold through a publishing company which also has a dba filed for it.
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              • Profile picture of the author Tsnyder
                Originally Posted by B.J. Johns View Post

                interesting, t. this is what i was getting at in my original question. i'm still a little unclear...

                so u dba ur publishing company but not the individual authors...is that correct? i was under the impression that any fictitious person i claim to be would need to have a dba filed for that name, even though the product is being sold through a publishing company which also has a dba filed for it.
                My attorney tells me that's correct. As long as the fictitious name
                isn't selling anything to anyone there is no need to register the name.
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            • Profile picture of the author Brian John
              Originally Posted by Yobeeone View Post

              It's far from being false advertising. Pen names have always been used in writing books and stuff, for instance: Mark Twain was really Sam Clemens and George Orwell was really Eric Blair. : )
              Originally Posted by CDarklock View Post

              Yes, that's what it's called, and you can indeed use whatever name you like for whatever purpose you like in the United States.

              False advertising is about your product, not your spokesperson. Mr. Whipple was not really named Whipple and did not really work in a department store and did not have a problem with squeezing the Charmin. But the advertising is that "Charmin is soft," so they can use whatever fiction they like around it so long as Charmin really is soft and the fiction is not material to the product. That's why some people get away with a claim and other people don't. You can make all the false claims you want, so long as they're not about your product. You can say "My name is Larry, and I'm a 19 year old Swedish girl who likes anal, and last year I made forty million dollars cleaning septic tanks. This handy guide will tell you how to clean your septic tank." While the details may interest you, the product doesn't claim to do anything more than show you how to clean a septic tank.
              Originally Posted by Tsnyder View Post

              My attorney tells me that's correct. As long as the fictitious name
              isn't selling anything to anyone there is no need to register the name.
              i believe my confusion comes from that there appears to be a difference between what is required for testimonials vs what is required (or more appropriately, not required) for use of a pen name. from all i've been reading it seems that testimonials need to be documented as coming from a valid source but pen names do not, so long as the pen name does not make direct claims about the product. therein lies more confusion, however, as often (if not almost always) the purpose of the pen name in the copy is to speak to how that person overcame a problem by simply using the product being sold.

              in your example, CDarklock, you say that you can make all the false claims you want, so long as they're not about your product. in your example however larry does make a claim, he makes a claim as to the effectiveness of the guide, in saying that it will help you clean a septic tank. this is exactly my point, larry's claim is essentially a testimonial...one that is completely fabricated. am i the only one who sees this???

              i guess in the end i'm just really not sure what the difference is between a person giving a testimonial raving about how good a product is, vs a fictitious person (pen name) raving about how good a product is??? seems to me that if one needs to be from a valid source so should the other, and if the other is not, perhaps it should be dba'd.
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  • Profile picture of the author E. Brian Rose
    Originally Posted by B.J. Johns View Post


    It would seem to me like this falls under false advertising.
    The definition of false advertising is "Any advertising or promotion that misrepresents the nature, characteristics, qualities or geographic origin of goods, services or commercial activities"

    What you call yourself has nothing to do with the actual goods or services.
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  • Profile picture of the author webapex
    You should probably legitimately identify yourself when a transaction is being made.

    (Not legal advice)

    EzineArticle like sites have facilities for an account to have multiple pen names.
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  • Profile picture of the author PeterBirganza
    Originally Posted by B.J. Johns View Post

    I really don't understand the legal aspects of using a different/fictitious name instead of your own. I believe it may be called a "pseudonym." Can anyone just use any name they chose to sell a given product? It would seem to me like this falls under false advertising. I ask because I would like to use a person of a particular age and sex that most accurately fits the demographic.
    Hi,
    You can choose any name to sell your product. In most of the countries it is not necessary to use a specific type or your actual of name. You just have to keep in mind that if you use the actual name than you can not come again with the same name because Google does not croll it. So, selection of name is very sensitive and necessary area of concerning.
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  • Profile picture of the author WillR
    Do you think Pink's name is really Pink? Question answered.
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  • Profile picture of the author sscot
    As serious internet marketer, you must come into the world with real name and identity since trust is great factor decides ultimate success. It doesn't mean that you won't find a success with pen name but people who're dealing with you suffers by unprotected feelings (at least at the beginning).
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    • Profile picture of the author WillR
      Originally Posted by sscot View Post

      As serious internet marketer, you must come into the world with real name and identity since trust is great factor decides ultimate success. It doesn't mean that you won't find a success with pen name but people who're dealing with you suffers by unprotected feelings (at least at the beginning).
      If done properly then your audience will never know it is not your real name.
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    • Profile picture of the author Tsnyder
      Originally Posted by sscot View Post

      As serious internet marketer, you must come into the world with real name and identity since trust is great factor decides ultimate success. It doesn't mean that you won't find a success with pen name but people who're dealing with you suffers by unprotected feelings (at least at the beginning).
      That is pure nonsense.

      Everything I sell is offered under the umbrella of
      a publishing company name. Products are offered
      in several different niches... mostly written stuff but
      some audio and video... by authors who are experts
      on the particular subjects to which their name is attached.

      All of those authors are me. The name I use on this forum
      is my true name and I've never revealed to anyone what those
      other names are... or the name of the publishing company.

      I structure it this way for one simple reason. Everything is
      offered via the publishing company so I only need one Pay Pal
      account, one merchant account and one bank account.

      So... you might buy Joe Blow's Guide To New York City Fine
      Dining from XYZ Publishing or you might buy Skeeter Jones'
      Guide To Training Your Best Friend (your dog...lol) from, you
      guessed it, XYZ Publishing.

      Several Warriors have bought various publications from me
      and have no idea that I am the author.

      I kinda like that... lol

      Tsnyder
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      • Profile picture of the author sscot
        Originally Posted by Tsnyder View Post

        That is pure nonsense.

        Everything I sell is offered under the umbrella of
        a publishing company name. Products are offered
        in several different niches... mostly written stuff but
        some audio and video... by authors who are experts
        on the particular subjects to which their name is attached.

        All of those authors are me. The name I use on this forum
        is my true name and I've never revealed to anyone what those
        other names are... or the name of the publishing company.

        I structure it this way for one simple reason. Everything is
        offered via the publishing company so I only need one Pay Pal
        account, one merchant account and one bank account.

        So... you might buy Joe Blow's Guide To New York City Fine
        Dining from XYZ Publishing or you might buy Skeeter Jones'
        Guide To Training Your Best Friend (your dog...lol) from, you
        guessed it, XYZ Publishing.

        Several Warriors have bought various publications from me
        and have no idea that I am the author.

        I kinda like that... lol

        Tsnyder
        That is pure nonsense
        Any mistakes? Why did you agree with nonsense

        Point, under the umbrella company name = trust
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      • Profile picture of the author Brian John
        Originally Posted by Tsnyder View Post

        Everything I sell is offered under the umbrella of
        a publishing company name. Products are offered
        in several different niches... mostly written stuff but
        some audio and video... by authors who are experts
        on the particular subjects to which their name is attached.
        All of those authors are me. The name I use on this forum
        is my true name and I've never revealed to anyone what those
        other names are... or the name of the publishing company.
        I structure it this way for one simple reason. Everything is
        offered via the publishing company so I only need one Pay Pal
        account, one merchant account and one bank account.
        So... you might buy Joe Blow's Guide To New York City Fine
        Dining from XYZ Publishing or you might buy Skeeter Jones'
        Guide To Training Your Best Friend (your dog...lol) from, you
        guessed it, XYZ Publishing.Tsnyder
        excellent info, thnx again for the input T. I've been trying to structure things in this fashion but one thing keeps throwing a wrench in the spokes. i can't figure out how to properly/effectively use a single publishing name for my handful of different products which all in different niches (although they're all healthcare related). i feel like if i use one publishing name, creditability may easily be shot when someone looking to buy sees that i'm also publishing a different product. in other words, if i'm going to seem as a sole researcher and "discoverer" of a certain technique or method, i don't think that would bode well if i'm also seen doing that in another area. after all, my likable character for each is that i'm someone who struggled with a problem before stumbling onto this amazing secret...

        should the publishing name be at all related to the various products (assuming they are in the same general area), or should it be something more ambiguous? furthermore, does each product advertise prominently the publishing name, or is it only for the purpose of running everything through one account?
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        • Profile picture of the author davidesamulson
          I think its not a bad idea using different names will help you to hide yourself from your competitors.
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        • Profile picture of the author Tsnyder
          Originally Posted by B.J. Johns View Post

          excellent info, thnx again for the input T. I've been trying to structure things in this fashion but one thing keeps throwing a wrench in the spokes. i can't figure out how to properly/effectively use a single publishing name for my handful of different products which all in different niches (although they're all healthcare related). i feel like if i use one publishing name, creditability may easily be shot when someone looking to buy sees that i'm also publishing a different product. in other words, if i'm going to seem as a sole researcher and "discoverer" of a certain technique or method, i don't think that would bode well if i'm also seen doing that in another area. after all, my likable character for each is that i'm someone who struggled with a problem before stumbling onto this amazing secret...

          should the publishing name be at all related to the various products (assuming they are in the same general area), or should it be something more ambiguous? furthermore, does each product advertise prominently the publishing name, or is it only for the purpose of running everything through one account?
          There is one main site for the publishing company which lists the
          entire catalog of products available... there are also individual sales
          page type sites for each product.

          On each individual site it is clear to the buyer that they are doing
          business with the publishing company. Think of it as a mini-sized
          Amazon. You can buy books on many subjects by many authors but
          you will always be ordering from Amazon.

          I don't think the name of the publishing company has to be directly
          related to any of the products offered. You might want to expand into
          other subjects so why lock yourself in now?

          Tsnyder
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      • Profile picture of the author heavyjay
        Originally Posted by Tsnyder View Post

        That is pure nonsense.

        Everything I sell is offered under the umbrella of
        a publishing company name. Products are offered
        in several different niches... mostly written stuff but
        some audio and video... by authors who are experts
        on the particular subjects to which their name is attached.

        All of those authors are me. The name I use on this forum
        is my true name and I've never revealed to anyone what those
        other names are... or the name of the publishing company.

        I structure it this way for one simple reason. Everything is
        offered via the publishing company so I only need one Pay Pal
        account, one merchant account and one bank account.

        So... you might buy Joe Blow's Guide To New York City Fine
        Dining from XYZ Publishing or you might buy Skeeter Jones'
        Guide To Training Your Best Friend (your dog...lol) from, you
        guessed it, XYZ Publishing.

        Several Warriors have bought various publications from me
        and have no idea that I am the author.

        I kinda like that... lol

        Tsnyder
        That's what I do with my Kindle books. One publisher and, as of right now, four authors who are all me.
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    • Profile picture of the author A P Geofrey
      Originally Posted by sscot View Post

      As serious internet marketer, you must come into the world with real name and identity since trust is great factor decides ultimate success. It doesn't mean that you won't find a success with pen name but people who're dealing with you suffers by unprotected feelings (at least at the beginning).
      Who said that?

      Or who made that a law?

      Are you sure all the successful and serious internet marketers use their real names?

      I would say if you can use any name that you think is convenient for the business or product you want to sell, and make it sound genuine enough then you are fine.

      That cannot be worse than all the internet marketers selling fake or rubbish products and services.
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      • Profile picture of the author sscot
        Originally Posted by A P Geofrey View Post

        Who said that?

        Or who made that a law?
        How did you think it as law?

        It's my personal view. NOT a Law.
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  • Profile picture of the author rockone
    I use different names instead of mine to escape my competitor finding me where and how I am active online.
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  • Profile picture of the author Heidi White
    It's really a personal choice. Your choice. If your products and services are 'above board' then by all means - create a good reputation and build your brand - you.

    If you're trying to get on Page 1 of G for your 1000 exact searches micro niche blog - then, you'll probably not want your name all over the site.

    I mix it up. Secret publishing companies, some pen-names, but Mostly me.
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  • Profile picture of the author Viramara
    I only use pseudonym for different niches as affiliates. In IM niche and where I sell my own product I don't use pseudonym because I'm afraid being accused as scammer or potential one
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  • Profile picture of the author celente
    this takes me back to the david deangelo and eban pagen thingie.

    He is one and the same person.

    I guess it doesnt really matter, what matters is that he is offereing good quality material...and he is, infact he is one of the top in his niche.... i.e. dating / relationships
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  • Profile picture of the author CoverGraphix
    Yes, David Deangel and Eban Pagen sprung to mind.

    But so does Stephen King and Richard Bachman.

    Many authors write under a fictitious name. (Pseudonym)

    If your name is closely related to IM, then you might want to write weight loss under a different name. Happens all the time.
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  • Profile picture of the author adamj2
    I use different names for different niches although sometimes like to keep my first name or something from my original name the same to avoid having an identity crisis! lol

    I guess for a product that you are selling, the author does not have to be the same as the person who is actually selling it. So you could have a pen-name as the author of the product and then sell it under your company name.

    For Clickbank products you might have a nice old man selling a gardening product, or a nice old lady selling a knitting product - but I doubt those people who act as the public image of the product are the Internet Marketing savvy types who are actually selling the thing?!
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  • Profile picture of the author Brian E Adams
    I think it is important to use your own name when promoting IM products. It's also important to use your real name on this forum. How else are you going to build trust and develop your reputation?

    Pen names can be used for any other niche. This is especially true if you are a big time guru that doesn't want to be tracked and copied.
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    • Profile picture of the author Tsnyder
      Originally Posted by beadams View Post

      I think it is important to use your own name when promoting IM products. It's also important to use your real name on this forum. How else are you going to build trust and develop your reputation?

      Pen names can be used for any other niche. This is especially true if you are a big time guru that doesn't want to be tracked and copied.
      How do you know that anyone on this forum
      is using their real name? How do you know that
      people using the names Frank Kern and John Reese
      in the IM niche are using their real names?

      They could just as easily be Buford Jones and Clarence Dalrymple
      using the names Frank Kern and John Reese.

      The point is any name can be branded. I don't know a single
      person who works for Kraft foods but I know and trust the brand.

      Maybe Kraft isn't its real name...
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      • Profile picture of the author gorufus
        Originally Posted by Tsnyder View Post

        Clarence Dalrymple
        I really like that one... Watch out for my new product, "Clarence Dalrymple on Pseudonyms" any takers? Would we have to do a JV deal Tsnyder.... only joking.


        I think it's fine to use a pen name for your own products, as long as you're not trying to get over on folks with some crappy product.
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    • Profile picture of the author fitz10
      Originally Posted by beadams View Post

      I think it is important to use your own name when promoting IM products. It's also important to use your real name on this forum. How else are you going to build trust and develop your reputation?
      Maybe it's important to use a name but it not important to use your name. If I went around on this forum calling myself Cynthia Sawyer and never mentioned my real name, how would that effect my reputation? If I make great post and develop some killer WSOs, I am developing a reputation under the name Cynthia Sawyer. How does it matter that my name is not really Cynthia? It doesn't!

      To the OP, unless you're claiming something false that is material to the selling of the product (ie- you're selling weight loss pills and pretending you're a doctor or you're selling a depression ebook and pretending you're a psychologist) it's fine to use a pseudonym.
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  • Profile picture of the author goldengallows
    I use tons of aliases, it's all down to your own ethics really, nothing wrong with not using your own name unless you are trying to open a bank account or claim money or services etc under false details
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    • Profile picture of the author jenifer smith
      why do you need to use factious name for your business, unless you have something to hide. personally, i think it is better to be real if you want do serious business.
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  • Profile picture of the author Troy_Phillips
    I run several DBA under my s-corp for actual transactions.

    Promotions is a different animal. I have one pen name that has been indexed in Google alone over 200,000 times.

    I have it on good authority Frank Kerns is really Bill Clinton. If you believe that please join my mailing list:-)
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  • Profile picture of the author Michael Johnson
    I prefer to use my own name
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  • Profile picture of the author harrymcclaire
    i believe u are talking about pen name.

    im not sure about US laws.

    but pen name are very common.

    like u may be john but u sign off ur newsletter or sales page as james.

    its called pen name.
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  • Profile picture of the author harrymcclaire
    from what i know its not illegal.

    unless u are setting up a company online then maybe u need to follow rules.

    but online, come on anything goes. hahaha

    there are so many scams online, dont talk about names. lol.
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  • Profile picture of the author ypadilla
    There is no answer to this that applies to every situation. It depends on the nature of your business, how you sell, what you are trying to sell. The examples of a publishing house above are good ones.

    2 quick examples: Betty Crocker was never a real person. Mark Twain was not his real name.

    Here's an eye-opening story from copyblogger about why a woman started doing business online using a man's name. She gained traction and became successful after she changed to man's name. "Why James Chartrand Wears Women’s Underpants." I don't have enough posts to include a real link. It's at copyblogger.com/james-chartrand-underpants/
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  • Profile picture of the author mikemcmillan
    While we're on the name thing, here are two of my pet peeves. Not exactly on topic fr this thread, but may be useful, nonetheless.

    I can't tell you how many blogs I visit on which the blogger's name is never mentioned, not once. Especially IM related blogs. Look, to be honest--if a person is unwilling to reveal their name to me and expects me to buy something from their site or blog they are living in dreamland.

    Even worse is getting emails from people, whom I may or may not opted into their lists, and at the bottom of the email they just sign a first name (and no real name is shown in the email header). I get these all the time. I you expect me to buy something from you, the least you could do is tell me who the hell you are when you email me.

    Mini-rant ended. --Mike (McMillan)
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    • Profile picture of the author adamj2
      Originally Posted by mikemcmillan View Post

      While we're on the name thing, here are two of my pet peeves. Not exactly on topic fr this thread, but may be useful, nonetheless.

      I can't tell you how many blogs I visit on which the blogger's name is never mentioned, not once. Especially IM related blogs. Look, to be honest--if a person is unwilling to reveal their name to me and expects me to buy something from their site or blog they are living in dreamland.

      Even worse is getting emails from people, whom I may or may not opted into their lists, and at the bottom of the email they just sign a first name (and no real name is shown in the email header). I get these all the time. I you expect me to buy something from you, the least you could do is tell me who the hell you are when you email me.

      Mini-rant ended. --Mike (McMillan)
      Yeah I don't like these sort of IM blogs either where there writer is pretty much anonymous or just uses a first name.

      However, is it just a (full) name that you want in order for them to identify themselves by, so you know who it is for future communications etc?

      I mean, does it matter to you whether the name the person identifies themselves by is their real name or not? (Presuming that they are consistent and build their brand within that particular niche around that same name.)

      I can see why someone would not want to use their real name for a product they may create online to put on clickbank.

      As then loads of review websites will crop up with 'your real name + scam', or 'your real name + is this person a con-artist?' as many affiliates seem to promote products in that way!
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  • Profile picture of the author Yobeeone
    It's far from being false advertising. Pen names have always been used in writing books and stuff, for instance: Mark Twain was really Sam Clemens and George Orwell was really Eric Blair. : )
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  • Profile picture of the author richgrad
    I know of some big name marketers doing it but this is not something I'm comfortable with... If you believe in what you're selling, put your name on it
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  • Profile picture of the author vivianso
    I have a pen name, an English name, and a legal name.
    To me it seems it is the matter of consistency.
    If you decide to use whatever name on one single niche
    Then be consistence with that for that niche.
    That's who to build trust and brand.
    No matter it is real name, a pen name, a brand, a company, or whatever
    It is always built via consistency in its mission, values, characters, policy, ethic, etc.
    But you might also consider which name you are best known as.
    I try to use a pen name, then figure most people from my hometown known me as my English name. So from then, on, i use my English name.
    I would use my legal name whatever it tender legal matters (getting money to account), such as owner (if u r not incorporated) or the legal company name.

    On the book cover or newsletter, u can use call name.
    Just my thoughts.
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  • Profile picture of the author CDarklock
    Originally Posted by B.J. Johns View Post

    I really don't understand the legal aspects of using a different/fictitious name instead of your own.
    Don't get legal advice on the internet. If you need legal advice, get an attorney.

    I believe it may be called a "pseudonym." Can anyone just use any name they chose to sell a given product?
    Yes, that's what it's called, and you can indeed use whatever name you like for whatever purpose you like in the United States.

    It would seem to me like this falls under false advertising. I ask because I would like to use a person of a particular age and sex that most accurately fits the demographic.
    False advertising is about your product, not your spokesperson. Mr. Whipple was not really named Whipple and did not really work in a department store and did not have a problem with squeezing the Charmin. But the advertising is that "Charmin is soft," so they can use whatever fiction they like around it so long as Charmin really is soft and the fiction is not material to the product.

    That's why some people get away with a claim and other people don't. You can make all the false claims you want, so long as they're not about your product. You can say "My name is Larry, and I'm a 19 year old Swedish girl who likes anal, and last year I made forty million dollars cleaning septic tanks. This handy guide will tell you how to clean your septic tank."

    While the details may interest you, the product doesn't claim to do anything more than show you how to clean a septic tank. If you write to the FTC and complain that you thought you'd meet rich 19 year old Swedish girls who liked anal if you cleaned your own septic tank, they'll laugh and hang your letter on the wall in some executive's office.
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  • Profile picture of the author johnny_h
    Originally Posted by B.J. Johns View Post

    I really don't understand the legal aspects of using a different/fictitious name instead of your own. I believe it may be called a "pseudonym." Can anyone just use any name they chose to sell a given product? It would seem to me like this falls under false advertising. I ask because I would like to use a person of a particular age and sex that most accurately fits the demographic.
    Passing yourself off as another age/sex/race might be misleading, but I doubt that it's illegal. Passing yourself off as a real person who's got a reputation that you're exploiting would be fraud, but it doesn't sound like that's what you're doing.

    You might consider actually hiring someone of that age/sex/race to sponsor or promote your product just to be certain that you're on the right side of everything.
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  • Profile picture of the author The Wizard
    It is fine so long as you are not doing it for malicious or illegal reasons.
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  • Profile picture of the author x3xsolxdierx3x
    I think, ultimately, you want to be as transparent as possible. Not only do potential customers appreciate that, but, many actually require it as the online world have shifted more to trust and reputation. With that said, this forum name was devised awhile ago. I go by my real name on my blog.
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    • Profile picture of the author Dixiebelle
      Hey B.J. : Since you are concerned about false advertising, am I to assume that the snapshot in your original post is an actual image of you?

      I don't use my real name on the internet, but i do use my own picture. There is someone on the internet with the same name as mine, that I was confused with so often that I started using an alias.
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  • If you are just writing you can use a pen name, take a look at Eben Pagan and David DeAngelo pen name for example.
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    • Profile picture of the author Ram
      Just about everything we do is under a corporate name, with various pen names for actual products. Nothing illegal or unethical about it.

      One thing to watch out for is fake credentials. Do not call yourself doctor unless you are one. Don't claim to be a lawyer unless you are one. Etc.
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      • Profile picture of the author CDarklock
        Originally Posted by Ram View Post

        Do not call yourself doctor unless you are one.
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        "The Golden Town is the Golden Town no longer. They have sold their pillars for brass and their temples for money, they have made coins out of their golden doors. It is become a dark town full of trouble, there is no ease in its streets, beauty has left it and the old songs are gone." - Lord Dunsany, The Messengers
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  • Profile picture of the author Murlu
    I think it's always, vitally important that you use your name because it's a brand builder.

    Sure, having a pen name works for certain projects but it's really the brand and networking that lets you keep going and build momentum.

    If people know you for who you are than when you launch your new project people will be all over it rather than trying to figure out "the new player in the market". People are ready to stand behind your brand. Best to build it off your name so its instantly recognizable with quality.
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    • Profile picture of the author Tsnyder
      Originally Posted by Murlu View Post

      I think it's always, vitally important that you use your name because it's a brand builder.

      Sure, having a pen name works for certain projects but it's really the brand and networking that lets you keep going and build momentum.

      If people know you for who you are than when you launch your new project people will be all over it rather than trying to figure out "the new player in the market". People are ready to stand behind your brand. Best to build it off your name so its instantly recognizable with quality.
      So... again... why would it be easier or better to build a brand around
      the name your parents gave you as opposed to any other name?

      Take emotion and ego out of the equation and think logically about that
      for a moment. I see absolutely no difference... a name is a name is a name...

      Plus... as has been said... if you want to write as an expert in more
      than one niche you'll find it difficult for most people to believe you can
      be expert in more than one niche. What if you want to produce products
      in 5 different niches... or 8? What then?

      Tsnyder
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      If you knew what I know you'd be doing what I do...
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  • Profile picture of the author handy
    Seems like even the big gurus do it - David DeAngelo = Eben Pagan
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  • Profile picture of the author OrangeBull
    As for Psuedonymous works, the copyright law presupposes that they will occur.

    #1 reason not to do it, You might be shortening your copyright!

    If you ARE identified by name in the copyright office as the author of a work, then your copyright is the life of the author plus 70 years in the United States.

    If you publish psuedonymously and you do not identify yourself with the copyright office as the author, then the copyright term is 95 years from the date of publication, or 120 years from the date of authorship, whichever expires first.

    So if you write something at age 40 and publish it that year, and you live to be 90 and you publish it psuedonomyously, your relatives will be able to cash royalty checks until you have been dead 45 years, if you publish it with your name and record it in the copyright office with your name, well then you get to retain ownership as the author for 120 years after first publication. In other words you get 30 extra years to make money.

    Of course, Dr. Dre probably records his music and lyrics under his real name publishing under a psuedonym, as does Marshall Mathers, better known as Emenem.

    And I suspect the "Richard Bachman" books were discovered as the works of Stephen King when somebody with too much time on their hands was digging through the copyright offices records and discovered that it was Mr. King's psuedonym.

    So you can do both from a copyright perspective without a loss of rights.

    Of course, if you publish the great American novel at age 18 and die at age 19, your family would've wished you had published it under a psuedonym, but those are the breaks. Of course the aging authors like Grisham and Clancy seem to be creating their works for corporations that they own now as works for hire to give them the corporate shelf life of 95 years from the date of publication too, so there are a million ways around it.
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    • Profile picture of the author Brian John
      excellent info, orange, thnx.

      my question again though, why does a testimonial for a product need to be verifiable, yet a pseudonym does not? as i'm now understanding it, in other words i can make up a pseudonym (not identified to the copyright office or dba'd) for my copy and manufacture a story of how this person had a problem and overcame it with the product being sold, yet i cannot do this as a testimonial. i of course understand why it isn't allowable as a testimonial but i'm not really understanding why it is allowed as a pseudonym. that doesn't seem the least bit odd?
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      • Profile picture of the author OrangeBull
        Originally Posted by B.J. Johns View Post

        excellent info, orange, thnx.

        my question again though, why does a testimonial for a product need to be verifiable, yet a pseudonym does not? as i'm now understanding it, in other words i can make up a pseudonym (not identified to the copyright office or dba'd) for my copy and manufacture a story of how this person had a problem and overcame it with the product being sold, yet i cannot do this as a testimonial. i of course understand why it isn't allowable as a testimonial but i'm not really understanding why it is allowed as a pseudonym. that doesn't seem the least bit odd?
        All right so I write a book called "Primary Colors" and publish it under the name "Anonymous" for argument's sake. Everyone is encouraged to believe that the "ficitional" work is in fact inspired by actual events involving a certain Governor from Arkansas who shall remain nameless.

        John Doe, who was a campaign worker for a certain nameless Arkansas Governor provides a testimonial that states, "This book will reveal secret information that will make any reader 100 lbs. thinner."

        The testimonial HAS NOTHING to do with the book, but the publishing company uses it as part of the marketing campaign. And oh, by the way, John Doe didn't provide that testimonial. He never even read the book, and if he had, he wouldn't have given such a stupid unrelated quote.

        The book in fact doesn't reveal any such secret information and John Doe didn't give the testimonial.

        That makes the testimonial, false, the fact that I don't want you to know who wrote the book doesn't make the book any more or less true, it just means I don't want you to know who wrote it.

        The same would hold true if my pen name had been John Doe, as opposed to "Anonymous." Of course "Anonymous" was better marketing too....

        The Federal Trade Commission has rules that require "Testimonials" be true, and that if a person is compensated for their support that such relationship be disclosed, or obvious on its face. The FTC also has rules about country of origin labeling. It has no rules regarding authorship, and rules regarding a company or individual's ability to do business under an assumed name is generally governed by state law in the USA.

        Some states are lenient, others have more significant requirements, but as explained previously, the publisher/retailer/etailer is the one doing business, not the psuedonymous author.
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