The fashion industry is blessed with many ultra-talented designers. And it is quite common for a talented and well-known designer to seek out investors in order to create a brand around the designer’s name. Joseph Abboud and Adriano Goldschmied come to mind as examples. Typically, when a designer and investors team up, a corporate entity […]
Registering the name of a famous living individual can protect the famous name after the individual passes
The Ms. Teresea H. Earnhardt v. Bobby Dale Earnhardt LLC case is also interesting because it is a great example of how to maintain one’s famous name as a trademark after one dies. As a recap of the holding of the case, the Applicant was not able to register BOBBY DALE EARNHARDT as a trademark […]
Just because it is your name DOES NOT guarantee that you can secure a trademark registration for your name. The popular race car driver known as Dale Earnhardt died in 2001. During his career, he clearly established trademark rights in his name for goods/services related to automobile racing. He also registered his name with the […]
An attempt to register the name of a living well-known person without his/her written consent is not money well spent.
Applicant applied to register the trademarks for clothing: (1) OBAMA BAHAMA PAJAMAS; (2) OBAMA PAJAMA; and (3) BARACK’S JOCKS DRESS TO THE LEFT. The TTAB refused to register all three marks Image Courtesy of: Joe Crimmings Used under Creative Commons license.