Legal Question in Business Law in California

copyright laws and advertising

I'm creating some advertising for our small business and want to know if I have to capitalize our registered company name within the advertising. For example, if Blank is our company name and I want to say ''Blank factory store opens January 2009''. Do I have to capitalize BLANK in this instance?


Asked on 12/22/08, 7:59 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: copyright laws and advertising

The best advice I can give is to adopt and use a more-or-less consistent spelling and trade style, so customers, suppliers and other members of the public aren't confused. If you are a corporation or LLC, adhere to the spelling of the name as registered, or you may be in the position of using a fictitous name that needs to be declared and published.

On the other hand, the choice of capital versus small letters, italic versus bold, type face, etc. is up to your marketing instincts, not the law.

The main thing you need to avoid is public misunderstanding or marketplace confusion.

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Answered on 12/22/08, 11:35 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: copyright laws and advertising

Of course not. Look at the ads in any newspaper and you will see that many companies don't capitalize their names.

The legal requirement you ask about would serve no purpose that I can see, and would probably also be a First Amendment violation.

Of course, the particular forum in which you want to advertise may have rules of its own. If its publishers are only willing to accept ads that meet certain formatting requirements then it is free to reject non-conforming ads. Those requirements, however, would come from the publishers and not the law.

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Answered on 12/22/08, 8:23 pm


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