Most often, the protectable trademarks of
a famous person are his name
, and sometimes his likeness. Not all personal names are trademarks. … Although the name is associated with a person, that does not make it a trademark, even if that person is famous.
Can you name a business after someone?
Generally, as long as no one else in your state is using that business name,
you can call your company whatever you like
. Names are doled out on a first-come, first-served basis. … That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.
Can I name my company after a famous person?
Although the name is associated with a person, that does not make
it a trademark
, even if that person is famous. The law requires that the person claiming a trademark over her name prove what is called secondary meaning. The first meaning of the name is to identify the person.
Can I use celebrity names on my products?
NO you cannot use a celebrity name without a license
as you are inferring a sponsorship or connection with the celebrity so it would be trademark infringement, a violation of a right of publicity
Can you name a restaurant after a famous person?
Don’t use names of famous people
, unless they provide you with permission. Otherwise you will be liable for violation of their right of publicity
Can I use a celebrity name on at shirt?
It’s generally not permissible to print
celebrity images on merchandise without authorization to do so. Business owners who use celebrity images on T-shirts without permission are potentially setting themselves up for a legal battle that could lead to a big payout to the celebrities involved.
Can you mention a famous person in a book?
Newspapers, television shows and people who publicly mention celebrity
names
do so with caution, and as a fiction writer you should, too. But it’s fiction! Isn’t it okay to use the names of public figures in fiction, since you’re only trying to tell a story? No, sometimes it’s not.
Can a celebrity trademark their face?
Nevertheless,
celebrities currently cannot register their characters or faces as
a trademark or bring a cause of action under 15 U.S.C. § 1065 unless they are associated with, or affixed to, a product or its packaging.
Can I trademark my name as an actor?
Trademarking an artist or stage name is an important legal protection for artists in a variety of fields. Whether you are an actor, singer, musician, painter, sculptor, writer, or another type of artist, a
trademark
can help protect your name – and your work – from misuse and infringement.
Are celebrity faces copyrighted?
Celebrity’s faces, in and of themselves, are not a work of authorship and therefore
not entitled to copyright protection
.
Can you use a celebrity name in a song?
Re: Using Celebrity’s Names in a Song? To concur with Zoom, my lawyer once answered this question by saying that it’s fine to include a celebrity’s name as long as you’re not saying anything about him/her that could be
considered slanderous
.
Can you trademark a name?
Trademark law protects names, logos and other “marks” that are used in commerce. To register your name as a trademark with the U.S. Patent and Trademark Office (USPTO), you must use it in business. … But if—like most people—
you only use your name for personal purposes, you can’t register it as a trademark
.
Can I name my restaurant Krusty Krab?
Viacom has rights to The Krusty Krab, the fictional restaurant where cartoon character SpongeBob SquarePants serves burgers, so an aspiring restaurateur can’t trademark the name, a federal judge ruled.
Can you draw a celebrity and sell it?
Each person, including celebrities, have what’s called a “
Right of Publicity
.” This means you cannot exploit another person’s name or likeness without permission. Exploitation includes both public displays and selling for profit. Creating the artwork is not a violation of the Right of Publicity.
Is it illegal to put a logo on a shirt?
Trademarks or copyright
can protect logos, and both forms of intellectual property protection restrict how others may use the logo. … Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission.
Is it illegal to use celebrity pictures?
Unless the celebrity gives you explicit permission,
you can’t use them to promote your wares
. Editorial use photos come with other restrictions as well. In most cases, you won’t be able to do major edits to the photo (no excessive cropping, resizing, retouching, etc.).
