Is there any protection for the use of personal names as trademarks?
Yes, personal names are protected under Unfair Competition Law in Massachusetts. Trademark law, including Unfair Competition Law, provides protection from the unauthorized use of someone’s name, likeness, or other unique identifier. Under this law, using someone’s name or likeness without their permission to promote a product or service, can be considered an unfair business practice. When a person registers their name as a trademark, they can assert it against other businesses that are using their name without consent. They can seek a court order to prevent the unauthorized use, as well as to collect damages. The name must be “distinctive” in order to be protected by trademark law. This means that the name must be recognizable enough to be associated with the particular person, and not a generic name or phrase. In Massachusetts, the attorney general also has the power to take action against an unfair or deceptive business practice. Specifically, the attorney general is able to prevent the use of a name or likeness to promote a product or service if the person has not given consent. In summary, Unfair Competition Law in Massachusetts offers protections for personal names when used as trademarks. Personal names must be distinct and recognizable in order to be eligible for trademark protection. Additionally, the attorney general has the ability to take action against the unauthorized use of a name or likeness.
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