gunnarkr wrote:crozboz wrote:There was some dispute over marks OLD name - the teenage trickster. Since it wasnt in use, I wondered if I could use it.
Hey! This gives me a great idea ... Ehrich Weiss from Hungary is not using his stage name anymore, so it's "unused" at the moment. Then I must be able to use it now.
Harry Houdini, what a great stage name!

There are actually several fools out there that have used variations to this and even the Blackstone name in recent years.... I can't count the number of young's using the character names form classic literature; I've encountered at least three "Oliver Twists" and two that dance around the idea of being an "Artful Dodger"
A few points have been made in this thread that I believe cut to the quick of it all.
1.) You're both KIDS... for real! e.g. neither of you seem to have the real world foundations that instill respect, ethics, and in our case PROFESSIONALISM. Because of this both of you are acting petty and a touch immature.
2.) Person "b" is deliberately choosing to do routines and perhaps a duplicate act created and broken in by person "a" e.g. Person "b" is in the wrong. Screw the line stealing, you are stealing someone else's act, PERIOD! Where I could forgive or even give blessing to someone doing one piece from my show in theirs (so long as it wasn't one of my pet bits and something I was currently using) but if someone were doing a show in which 30% or more of it came from my act and (probably) the acts of other people? Sorry, but you're an uncreative bottom feeder when that's the case.
3.) DRAMA... as in you are both acting (re-acting) as little Drama Queens and need to slap yourselves silly and GET OVER IT!
If "proof" of deliberate replication exists then sue the schmuck for theft of material. But you have to be able to prove that over 60% of what this person does in each routine as well as the act itself, mirrors your own. You then make it very public, taking it to the leadership of the local Ring, Magic Circle and even Magic Castle. Believe it or not, all of these organizations will consider what you bring out and can aid as both, witness and mediator when it comes to finding a resolution. BUT, don't waste their time if this is just two kids bickering. Make certain you have a legit argument and proof of how these acts of imitation are affecting you professionally, emotionally and (most important) ECONOMICALLY. If you can meet all those requisites you can pretty much destroy the copy cat on all levels... something few such individuals ever weigh when it comes to this sort of game.
Admittedly I'm a bit bias when it comes to this sort of thing in that every single teacher I ever had refused to let me do things "how everyone else did it" or worse, in a way that mimics the originator of said routine.
I recall a situation in which this kind of thing was done, the person that was victimized in this case was Terry Seabroke and his popular Burnt Bill and Wallet routine. The person that stole the routine did just about every single line of Terry's except for the barking dog and offering a sugar to their helper.
By chance, the guy that stole this material just happened to be in the Castle the same night Terry was and the night after said routine aired on the Television. Terry simply walked up to him and punched him right in the face and Mr. Copperfield went down...
In other words, this sort of thing happens constantly in this industry no matter how big your name. But there are likewise ramifications in every instance, some of which can prove quite painful.
