My jurisdiction is: Oregon, USA
How much right does one have to use one's own last name for business purposes, if another using the same name has already built a successful business reputation.
Crazy example, but I'll use it to build a word-picture...
My last name is Popeye. I make great fried chicken. I have a passion, along with an opportunity to be in the fast food market. I start a store and name it "Popeye's Fried Chicken". I don't use any representation of the sailor character, cartoon, etc. Nor do I use any reference to any of their "specials", like "biscuits" and such.
Another example...my last name is Michelin, and I have discovered a breakthrough development in tire technology. Could I then paste my own name on something that is completely my own product?
Is there possible grounds for trademark infringement? And if so, where do I lose right to use my own given name to represent my own business?
Thank you...
How much right does one have to use one's own last name for business purposes, if another using the same name has already built a successful business reputation.
Crazy example, but I'll use it to build a word-picture...
My last name is Popeye. I make great fried chicken. I have a passion, along with an opportunity to be in the fast food market. I start a store and name it "Popeye's Fried Chicken". I don't use any representation of the sailor character, cartoon, etc. Nor do I use any reference to any of their "specials", like "biscuits" and such.
Another example...my last name is Michelin, and I have discovered a breakthrough development in tire technology. Could I then paste my own name on something that is completely my own product?
Is there possible grounds for trademark infringement? And if so, where do I lose right to use my own given name to represent my own business?
Thank you...