Legal Question in Intellectual Property in Pennsylvania

Re: Name Exclusivity

Copyright protects the expression of an original work of authorship. However, generally a single word or phrase is not considered to have enough unique "expression" to be protectable.

A trademark registration is intended to protect the unique identity of a source or sponsor of certain goods or services. And, yes, if those services are entertainment performances, and the performer's name is uniquely associated with the performances, then the name can be registered as a trademark for those services. Moreover, if ancillary goods are sold in connection with that name, then a trademark reciting those goods could be similarly protected.

An example is the registration for CHER, which is owned by a trust operated in California for the performer. A federal trademark registration was granted in 2006 for the term CHER as applied to the following services: Entertainment services in the nature of live musical performances, and providing information relating to musical performances, Cher and her music via a global computer network; and for the following goods: Computerized on-line retail services featuring clothing, namely, boxers, tank tops, panties, pajamas, t-shirts; allovers, zip-front tops, sweatpants, jackets, halter tops, hooded sleeveless t-shirts, and shirts; headwear, namely, driving caps, and bucket caps; jewelry, namely, rings and bracelets; musical sound recordings, namely, compact discs, audio cassettes and videocassettes; books; specialty items in the nature of posters, stress balls, magnets and tour programs; household accessories in the nature of incense holders; gift certificates.

The registration says that the services and goods were first offered in interstate commerce in 1965, but the trademark application wasn't filed until 1999, and wasn't granted until August 2006. Hmmm, wasn't 1999 or so when the Internet was starting to get hot for online sales?

Note that the trademark registration for CHER wouldn't prevent you from naming your daughter CHER. And there is another registration by a shoe company for CHER for a line of shoes. And, a yarn shop in Washington State is currently seeking to register a logo featuring a couple of sheep who look like cartoons of the couple from the 1960's, with the name, ... get this ... "Sonny and Shear."

I should stop here while I am ahead, but I cannot resist the opportunity to complete the circle by pointing out the connection between Sonny Bono and copyright. Y'see after the couple broke up, he went into politics and eventually became a Congressman. When the federal copyright law was amended in 1988 to extend the length of protection by copyright, the law was named in his memory the "Sonny Bono Copyright Term Extension Act."