Legal Question in Business Law in California

Company naming

I am working on a startup. I have a project code name that I want to use while in stealth mode. The name includes the name of a famous artist. Do I need to get approval from the estate to use the name or would it be considered public domain and usable if it passes a business name search/domain search?


Asked on 5/05/09, 7:04 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Company naming

As long as it's just a code name, you don't need anybody's permission. Of course you would need a different, cheaper name for your real product. In the meantime, just deny everything!

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Answered on 5/05/09, 7:18 pm
George Grellas George Grellas & Associates

Re: Company naming

Famous names need to be approached with great caution because of the "implied endorsement" problem.

If famous actor X stands to make significant money by exploiting the right to publicize his name and to associate it with various products and services, then you would be potentially violating his "right of publicity" by attempting to associate his name with your products - this would falsely suggest to the public that this celebrity has endorsed your products when in reality he has not. Multiple liabilities can result from this, including potentially the liability of paying over your profits derived as a result of the use of the name.

Of course, if you do not make your use of the name public and use it only for internal purposes for your "stealth mode" project, this may avoid or mitigate the right of publicity problem (at least in practical terms) since you are not letting the public know about your use of the name.

This should alert you to the major risk normally associated with what you are trying to do. For your particular case, you should consult with a knowledgeable lawyer.

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Answered on 5/05/09, 8:21 pm


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