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Are celebrity names trademarked?



 
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Old November 13th, 2009 Nov 13, 2009 4:13:36 PM -   #1 (permalink)
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Default Are celebrity names trademarked?

I'm considering doing a line using common celebrity names. I've done some research on trademarks but haven't found a definitive answer on this. Would it be trademark infringement to do so?

Examples: Megan Fox, Bruce Willis, Jackie Chan

What about first names only?

Examples: Jenna (Jenna Haze, Jenna Jameson, etc), Nautica

The shirt would be simple text..something along the lines of.."I'd mow Megan Fox's lawn", "I'd wash Bruce Willis's cars"...obviously those are not the ideas but I don't want anyone to steal my ideas. They would be clean and non-slanderous in any way.

thank you for your input
 
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Old November 13th, 2009 Nov 13, 2009 4:48:18 PM -   #2 (permalink)
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Default Re: Are celebrity names trademarked?

It's not so much trademark infringement as it is violating their Right to Publicity. Basically, every person owns the right to their own name and likeness. It would be illegal for you to profit off someone else's name or likeness without license or permission.

It is sometimes possible to use a parody defense, but that would never grant you permission for use in advance, it's what you would use to defend yourself AFTER getting sued.

Using only first names would be somewhat more anonymous, but if any part of the graphic or marketing led people to know who you are referring to, you would be at risk to be sued.

Since this is the type of business where you would always be at risk to be sued, it's really best to consult an intellectual property attorney before proceeding. If you can't afford to get an attorney or if you can't afford to get sued, then you really can't afford to do these kinds of shirts.
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