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.).
