Legal Question in Business Law in New Jersey

Re: Naming a business

Unless you are a member of the family doing it with the permission of the others or any family foundation, it is a good idea not to borrow a famous name.

The use of a person's name falls within the area of privacy rights. Nearly all are agreed that the commercial use of a person's name during their lifetime is a violation of their rights. The States differ on what protection is offered to a person's name after they die. Additionally, since the law has changed over time, not all the examples that you see are good. If you tried to start the Samuel Adams brewery today, you might get some objections from the family. Similarly, the Frankin National Bank operated for years using both the name and the likeness of Ben Franklin. I knew the three founders and none were named Franklin. Obviously, that was okay at the time. On the other hand, some family foundations with active IP operations vigorously enforce their rights. Don't try, for example, using the names Marliyn Monroe or Elvis Pressley without permission.

Your safest route is to avoid using the name of someone else as a business name. If you must, then check to see if there is anyone who may object.

See also: http://info.corbettlaw.net/lawguru.htm