Legal Question in Intellectual Property in California

Re: Drink Name

You should file a federal trademark if you want maximum protection in the name. Whether it is able to be trademarked requires a search. Contact me if this is really what you want to do.

Re: Drink Name

It is doubtful that you will be able to protect the name of your drink. Names are generally not protectible by copyright law. In order to obtain a trademark, you must have used the name in commerce for a period of time and have it identified solely with your product. Generally speaking, celebrities own their own names and have what is called "right of publicity" which means that no one else can use their name to advertise a product without their permission. My suggestion is that you talk to your own attorney or another attorney competent in trade names who can assess the particulars of your situation and give you specific advice.