Patent, copyright & trademark / by Richard Stim.

Berkeley, Calif. : Nolo, c2010.

11th ed.

p.446

names as marks

Names that are primarily surnames (last names) are considered weak and cannot be listed on the Principal Register unless they acquire a secondary meaning (for example, Heinz, Macy's, Miller). First names and nicknames, unless very unusual or memorable as a mark but not as a name, need to acquire secondary meaning by becoming very well known over time before others can be stopped from using them.

Example: "Henry's" is a mark used to advertise the Henry Weinhart's line of beers. Over time, "Henry's" has become associated in the public's mind with the underlying product and therefore has taken on a secondary meaning. If Henry Clark came along and used his first name to advertise his line of beers, the Henry Weinhart company could probably successfully sue him for infingement of its Henry's mark.

Example: "Henry's" is a mark used to advertise the Henry Weinhart's line of beers. Over time, "Henry's" has become associated in the public's mind with the underlying product and therefore has taken on a secondary meaning. If Henry Clark came along and used his first name to advertise his line of beers, the Henry Weinhart company could probably successfully sue him for infingement of its Henry's mark.

But in the case of authors, who are then qualifying with a surname, that argument won't hold up, will it? Especially if they're publishing different kinds of books?

But in the case of authors, who are then qualifying with a surname, that argument won't hold up, will it? Especially if they're publishing different kinds of books?

I am not an IP attorney. But Other Person with that Name is full of shit.

But Other Person with that Name is full of shit.

That's what I thought.

Yay! The shelter just called, so I'm off to go get our new baby boy and baby girl kitties!

I'll send the contents of their litterboxes to the other author, who is so very much not living up to her name.

Back from the dentist and 3 fillings.

Mah mouf hurts. (Well, it's numb AND hurts, which is unfair.)

I will console myself by doing laundry. Yay?

Yay, Raq! Kitties!

Note to self: Don't use the phrase bad, no cookie in front of the 2 year old because he will then repeat the word cookie until he gets one.

Yay! The shelter just called, so I'm off to go get our new baby boy and baby girl kitties!

Yay, kitties!

I'll send the contents of their litterboxes to the other author, who is so very much not living up to her name.

I approve of this message.

Not to speak for her (and she'll tell me if I'm wrong) but I think even Vortex, who will smite you like whoa for breaking plans last minute, would have TOTALLY forgiven me by now

Har. Yes, I would have. Even if I was still pissed (and I wouldn't have been after you apologized), I would have totally forgiven you for the poem ALONE.