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Can a company Trademark

Discussion in 'Copyright, Trademark, Patent Law' started by ihtw, Mar 18, 2014.

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  1. ihtw

    ihtw Law Topic Starter New Member

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    I want to sell products that say things like "I LOVE [POPULAR NAME]." All of the names would come directly from the list of the most common names according to the census bureau, and the products would not be designed to resemble any brand. Could this be considered trademark infringement for a brand that happens to have that name? For example, Pam is on the list of common names, so if I sold something that said "I LOVE PAM," could the owners of PAM cooking spray have a valid trademark infringement claim? Mercedes is also on the list, so if I sold "I LOVE MERCEDES" could Mercedes-Benz have a valid trademark infringement claim?

    And if so, is there anything to stop people from trademarking all kinds of common names and suing anybody who sells custom stickers or bicycle license plates with peoples' names on them?
     
  2. army judge

    army judge Super Moderator

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    Your idea shouldn't cause you any legal issues.
    Your example about PAM (the vegetable oil spray) and PAM (a girl's name) is a good one.
    You're not proposing to violate any trademarks or copyrights, and PAM (the vegetable spray) can't restrict Pam Green, Pam White, or any other Pam from using the name on their respective birth certificates.
    Good luck with your business.
     

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