Legal Question in Intellectual Property in North Carolina

Are names subject to trademark infringement rights? Specifically am I ok to produce a vinyl sticker sign for sale stating:

Dale Earnhardt gone but not forgotten This is for a deceased person named Dale Earnhardt (not the nascar driver)


Asked on 6/11/10, 9:16 am

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any attorney will say names are not automatically trademarks unless they are used to identify goods or services AND the mark is protected. Even if the Nascar driver has protected his mark (name) your use is entirely different. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/12/10, 8:26 am

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