Legal Question in Intellectual Property in New York

I am writing my autobiography. My questions are: (1) What are the rules concerning using either first and/or both last names of real people either deceased or living, and (2) What are the rules concerning using names of real places such as a hospital, or place of amusement, etc.


Asked on 7/10/10, 7:43 pm

1 Answer from Attorneys
Gerry Elman Elman Technology Law, P.C.

In general, write the truth. Avoid false statements, or potentially be subject to a lawsuit for defamation.

See http://en.wikipedia.org/wiki/Libel

To respond to your second question, sometimes the name of a business involves a trademark. If a business is unhappy with what is written about them, sometimes they will seek to find any way to squelch the writing, and might assert that the writing infringes their trademark. This is ususually a misquided ploy. See http://en.wikipedia.org/wiki/Nominative_use

DISCLAIMER: This does not constitute legal advice or establish an attorney-client relationship with any reader of this posting.

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Answered on 7/11/10, 8:37 am


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