Naming Rights -- and Wrongs: A Road Map to Protecting Personal Names

In this Analysis, Anne Gilson LaLonde surveys why and how personal name marks receive special treatment in trademark law, how personal name marks can be valid, enforceable marks, and how one can register them with the USPTO. She also discusses fair, non-trademark use of one's personal name, protection...

The Role of the States in United States Trademark Law

By John T. Cross Grosscurth Professor of Law, University of Louisville, Louis D. Brandeis School of Law. Excerpt from On Intellectual Property Law: The Role of the States in United States Trademark Law, 49 U. Louisville L. Rev. 485 I. Introduction Patent, copyright, and trademark constitute the...

Why Legal and Marketing Conflict on How to Choose a Trademark

by Donna Ray Berkelhammer If you work with startups as I do, one of the first issues is choosing the company or product name. I have worked with countless marketing companies that advised their clients to "be descriptive" when selecting the name of a company or product. Having a name...

Trademarks Are Not Monopolies

by Donna Ray Berkelhammer Trademarks are brand names or logos that identify the producers of products or services in the marketplace, so that customers can find what they are looking for. You may prefer the taste of 7 Up soda to Sprite soda, and the trademarks allow you to find what you want...