Legal Question in Intellectual Property in California

Re: Trademark or Copyright a Name

Consult attorney Bela Lugosi III.

Re: Trademark or Copyright a Name

It would depend on whether the name is being used to represent a trade or service. Please email more information if this is the case.

Re: Trademark or Copyright a Name

You can't copyright a person's name. Copyright is used to protect original artistic works such as books, paintings and photography.

Also, you probably can't obtain a trademark for the name. A distinctive word or group of words can be registered as a trademark, but the term "trademark" means "a mark used in trade" so unless the deceased person's name is in use in interstate commerce, or you plan to use it in interstate commerce, it is not a trademark and an attempt to register it would be unlawful and probably would be rejected by the U.S. Patent and Trademark Office.

Furthermore, each registration protects the trademark only within a narrow spectrum of products. Registering "Gloria Vanderbilt" for women's apparel wouldn't prevent someone else from making and selling, for example, "Gloria Vanderbilt" motorcycles or frozen fish sticks.