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Unlike copyright, (registered) trademarks don't exist by default, they have to be registered, defended vigorously and regularly renewed. So you would first hav
by resolutebat 3y ago
Unlike copyright, (registered) trademarks don't exist by default, they have to be registered, defended vigorously and regularly renewed. So you would first have to explicitly register your name as a trademark, and that's going to be quite challenging if you have a common name like "Jane Friedman".
That said, a quick poke at TESS shows a bunch of trademarks containing Friedman, including some personal names (Alan, Rivka, Angela).
Update: Yes, common law (unregistered) trademarks are a thing in some countries including the US, but they offer much less protection.
https://en.wikipedia.org/wiki/Unregistered_trademark https://en.wikipedia.org/wiki/Unregistered_trademark
- OJFord 3y agoIn the UK & US at least that's not true, there are de facto (unregistered) and (offering more protection) registered trademarks. In the UK at least if you could show your name gave it some weight, and that you'd suffered some financial harm as a result of its use, then you'd have a case without it being registered.
- resolutebat 3y agoYes, common law trademarks are a legal concept, but the article features Amazon telling the author to go pound sand unless they have the paperwork to back up a registered trademark.
- fragmede 3y agoIn the UK, Scotland, specifically, McDonalds has lost at least two lawsuits against a Scottish family for trademark violations.
- pessimizer 3y agoBut if the Scottish family weren't named McDonald, McDonald's would be far more likely to win the case. In fact, an exception being made for a Scottish family's real name implies rights outside of strict trademark over the use of one's own name.
- deleted 3y ago[deleted]