Discussion:
What is the name of your state?What is the name of your state?tx
My father's name is being used by someone who has no right to it. My father designed one of America's most recognized emblems. I have no right to that, but his name is a source of possible income as well as his story. I am his only child and heir. Can I copywrite his name?
Answer:
What are you trying to prevent by copywriting the name?
Is the person using your father's name actually NAMED the same or is he just using a name that is not his to promote something?
Answer:
From
"How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark. "
Answer:
tx
He is using my father's name to promote a foundation. He is trying to use it more widely, as in telling my father's story. It is not HIS name. He's trying to capitalize off my father's life.
Answer:
You need to be more specific here because from what I can see so far your first question of copyrighting was answered as a No. Now for a Trademark/Patent I still think the answer is No, but you haven't provided enough detail here.
Answer:
tx
My father worked for a car manufacturer in the 60's. His actual work is owned by the auto maker. However, there is a man who is using my father's name without our family's permission. His life story and right to use his name, for example to organize car shows, should be mine. I have original sketches and even some songs, which he had already threatened to use.
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Right now you can do nothing because you have no TM on the name. I am not even sure if you would be able to get the TM on the name in any case. You should contact the US Patent and Trademark office or read their guidelines at
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thank you so much. I'll do that. You've been most helpful
Answer:
You cannot trademark a person's name, except in very limited circumstances. Trademarks are used to protect names, slogans, etc., that are used to identify goods and services -- trademarks do not exist to simply keep others from using a particular name or phrase.
It is generally unlawful to use someone's name or likeness for commercial gain without that person's permission -- however, in most states, the right to prevent others from using your name and likeness in commerce ends when you die, but some states allow the person's estate to continue to prevent unauthorized use of the name and likeness. You should take all of your info down to a local attorney, who can review all of the relevant facts and caselaw and see if you have a case to sue for the unauthroized commercial use of your father's name.