A question for Fell about copyright

[fuzzyoctopus]

So since you seem to deal with it the most, perhaps you can help me address this subject. Oh, everyone else answer too, please, but since Fell claimed expertship in the 9/11 thread, I'd like his opinion and I know he doesn't read everything on here.

If a person legally changed their name to something that is copyrighted, does a company have any legal way to stop them?

Obviously, in most cases, there's no point. Like the fireman guy who changed his name legally to Optimus Prime.    But what if he had changed his name to Harry Potter?  Would Rowling's lawyers have said something?  Maybe not.

But what if you were say, the singer in a band that hasn't really hit big, and you legally change your name to Harry Potter, and then try using that to make money and improve your image?

What if the singer's name was Nicolas Potter, and he claimed his childhood nickname was Harry?  Would they then have any way to prove otherwise, or be able to stop him from doing so?

I discussed this with my husband but we didn't come to any conclusions other than that if Marilyn Manson tried to  legally change his name to Harry Potter, it would be a great fiasco, and amusing to watch.

[stacer]

I have no idea. But it's an intriguing question, especially the part about a band. I do know (because my roommate was looking it up the other day) that you can find all the rules about legally changing your name on the web somewhere. She said one of the rules she read was that it has to be a real word--you can't just change your name to a number or a symbol. There were several other really funny rules in there--the kind you know they could only come up with because someone else has tried it before.

[fuzzyoctopus]

This is interesting at least.

http://cobrands.public.findlaw.com/divorce/nolo/faq/7C7FA175-7305-4E94-8D24DB5866EEE3CB.html

It didn't occur to me to look up law on the subject- I figured since the one guy changed his name to Optimus Prime, which is definitely trademarked, there couldn't be a law against it.

"You cannot interfere with the rights of others, which generally means capitalizing on the name of a famous person."

Does that then include fictional people, or would I just be prevented from changing my name to Britney Spears?  And how famous is famous?
I guess what it means is that no one has actually tried it yet, which I find hard to believe.

[42]

Well there are a lot of Elizabeth Taylors and Will Smiths out there. They just both happen to be common names.

[fuzzyoctopus]

well if you're born with the name they can't do anything about it.  I'm asking about the laws regarding to changing names.  I mean I went to school with a John Locke, which I thought was pretty cool.

These are just the random questions that enter into my head, and I like having help in developing that train of though.

[EUOL]

One interesting point that Fuzzy half-makes, however, is that 'Will Smith' is not copyrighted--but 'Harry Potter,' as a fictional character, is.

I believe the whole suing thing has a lot to do with assumed damages.  If what you are doing cuts into the profits of the copyright holder, then you can be in legal trouble.

So, maybe a band called "Harry Potter" might be able to get away with it.  However, what if your name were "Harry Potter" and you decided to start writing children's fantasy books....

[Entsuropi]

As i understood it the whole point was to prevent competitors damaging your brand name by confusing the consumers with their own products, which could be of lower quality, thus reducing their opinion of your (unrelated) products.

[House of Mustard]

Fell can't access the TWG while at work, so he emailed me his response:

Remember when TBS changed it's name to Spike, and Spike Lee sued them? His case failed, but he did make it. If the network had tried to change its name to Spike Lee, he would have had a much stronger case--even if the network was owned by a guy named Spike Lee, who just wanted to name the network after himself. This actually happens all the time--there is virtually nothing important in America named Disney that's not directly related to the giant media corporation, because the giant media corporation sues anyone who tries to use that name, even if they have a legitimate claim to it. For something like Harry Potter, which is a registered International Trademark (which makes it slightly more official and direct than the name of a person), I imagine the suing would be even faster and more successful.

[The Holy Saint, Grand High Poobah, Master of Monkeys, Ehlers]

I'm going to change my name to House of Mustard

[JP Dogberry]

In that case, I will change my name to SaintEhlers. And then do a bunch of publically humilating things to slander the name. Since SE isn't using it anymore, he can't complain either.

[The Holy Saint, Grand High Poobah, Master of Monkeys, Ehlers]

I didn't say I was changing my online nick. which means that I AM still using it. Which means it's part of my public identity. Which means I will sue you for sullying my image. A similar suit from HoM I willl avoid by.. uhm... doing something.

[House of Mustard]

Well, you'd better be prepared for a lawsuit, to compensate me for all the lost revenue due to name confusion.  Because my 'House of Mustard' title rakes in the cash, baby.  Bling bling.

[The Holy Saint, Grand High Poobah, Master of Monkeys, Ehlers]

too late! I've already done something to avoid the suit!

[House of Mustard]

Curses!  Blocked at every turn!

[Mad Dr Jeffe]

actually I forgot to file the paperwork you gave me Eric,...
So HOM can still sue you.