Are celebrity names copyrighted [Expert Review]

Key Takeaways. In most cases, you cannot name your products after celebrities. Names are part of a celebrity's brand, and using their name on your products may mean consumers associate your goods with the celebrity.

No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33 "Copyright Protection Not Available for Names, Titles, or Short Phrases".

If the name is a personal name you may use it a trademark, as long as a namesake does not beat you to the punch, meaning that your proposed personal name would not cause a likelihood of confusion with a similar name already in use for related goods or services.

THE LAW ON REGISTERING NAMES AS TRADEMARKS IN INDIA There are no specific provisions in the Trade Marks Act, 1999, that allow or disallow the registration of celebrity names as trademark in India.

No - you cannot legally use a celebrity's name on a t-shirt without his or her permission. Such use would violate the celebrity's right of publicity, and the celebrity would have a legal claim against you. Also, keep in mind that trademark is a noun not a verb.

Although the name is associated with a person, that does not make it a trademark, even if that person is famous. The law requires that the person claiming a trademark over her name prove what is called secondary meaning. The first meaning of the name is to identify the person.

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.

Once you have access to the USPTO's website, click on the trademark tab. Next, click on TESS/ Search Trademark Database. Scroll down the page and click on Trademark Electronic Search System (TESS). To conduct a basic search, simply type in the word(s) that you want to trademark.

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen. Check state trademark databases.

• Proper names or likenesses without consent from the person.
• Generic terms, phrases, or the like.
• Government symbols or insignia.
• Vulgar or disparaging words or phrases.
• The likeness of a U.S. President, former or current.
• Immoral, deceptive, or scandalous words or symbols.
• Sounds or short motifs.

Many wonder, “Can I trademark my face?” Unfortunately, the immediate answer is no. Copyright is only valid for man-made creative ventures. The creative work must be a product of deliberate effort through creativity and conscious choices.

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Not Protected by Copyright: Titles, names, short phrases and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listings of ingredients or contents.

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

1. First, decide if a trademark is right for you or if you should pursue another avenue.
2. Next, you must choose the mark to submit to the United States Patent and Trademark Office (USPTO).
3. Once you've found a suitable trademark name, prepare then submit an application to the USPTO.

The short answer is a big NO. Unless you have the authorization, agreement, and contract with rights and limitations in doing so from the celebrity/ his/her management/agent, then you have no legal right to use and especially print and make sales off of a celebrity's image.

You can sell a fine art painting of a celebrity as long as it is a transformative work of art. This means it needs to be artistic in nature, not just a faithful likeness. The painting cannot copy an existing work of art (including a photo), and cannot interfere with a celebrity's “right of publicity”.

Using someone's name, image or life story as part of a novel, book, movie or other “expressive” work is protected by the First Amendment, even if the expressive work is sold or displayed. Therefore using a person's life story as part of a book or movie will not be deemed a misappropriation of the Right of Publicity.

Celebrities Sue Over Unauthorized Use of Identity. A right of publicity is the right to control the commercial value of your name, likeness, voice, signature, or other personal identifying traits that are unique to you. The right of publicity is all about identity.

In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someone's name or photograph in a commercial setting, such as in advertising or other promotional activities.