If you do not register the name under which you are performing, or if you perform under your own personal name, do you still have the right to stop right to stop others from using the name? Under certain circumstances, yes. Remember that name protection arises only from use. If the use of the use of a name has occurred over a period of time or with such pervasive impact that to hear the name generally brings a certain work or performer to mind, then that name is said to have developed secondary meaning. Gone With The Wind may or may not be registered, but the title cannot be used without being associated with a particular book or movie. When secondary meaning develops in a name or title, that name or title may defeat even a prior use of that name if the right to use the name or title is ever contested. For example, the makers of the film Exodus were able to prevent an earlier film of the same title from being shown under at name. The public was better acquainted with the book from which the second movie was adapted, and would thus tend to be confused as to the origin of the first movie. In some cases people with names identical or similar to names of more famous performers have been prevented from using performing arts. Therefore, the more famous you become, the greater protection you have in your name.
Another problem involving names which may be prevented is called passing off. Even if you may not have developed secondary meaning sufficient for protection, if another act is using your name to pass it self off as you or your act, you may stop that use. Whether passing off has occurred will depend on the circumstances. If your name is a common one, it may be necessary to show that the use is part of a scheme to deceive the public and capitalize on your efforts. If your name is more distinctive, you will have a lesser burden of proof.