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)
1 Answer from Attorneys
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