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Can I use someone else's name to sell a product?


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Just an interesting legal question, for all the legal experts here...

 

For example, can I produce a book or film, based on the game of golf, and call it 'Searching for Tiger Woods', without any permission from or knowledge of, Tiger Woods?

 

Is that legal?

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It would just be a civil dispute then?

 

According to this, you don't have IP rights to your own name...

 

 

If Tiger Woods has registered/trademarked (whatever) his name in relation to golf then you'd be silly to test the theory I reckon

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Just an interesting legal question, for all the legal experts here...

 

For example, can I produce a book or film, based on the game of golf, and call it 'Searching for Tiger Woods', without any permission from or knowledge of, Tiger Woods?

 

Is that legal?

try it with Woods Tiger maybe?

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It would just be a civil dispute then?

 

According to this, you don't have IP rights to your own name...

 

 

This changes for people who can be considered a 'brand' and if you are perceived to gain from using their name. In other words - because it is Tiger Woods and you are explicitly using HIS name to sell a product, you are in breach of his image rights and any registered trademarks (which he has).

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This changes for people who can be considered a 'brand' and if you are perceived to gain from using their name. In other words - because it is Tiger Woods and you are explicitly using HIS name to sell a product, you are in breach of his image rights and any registered trademarks (which he has).

 

Thanks.

 

That's all fair enough; but I still don't understand why 'Tiger Woods' is protected, but 'Bobby Fischer' is not?

 

Is it just a case of a person needs to trademark their own name, in whichever jurisdictions, in order to be protected?

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Just an interesting legal question, for all the legal experts here...

 

For example, can I produce a book or film, based on the game of golf, and call it 'Searching for Tiger Woods', without any permission from or knowledge of, Tiger Woods?

 

Is that legal?

 

If the named person has indeed trademarked their name it may affect how you can use it.

You can, however, bend the rules a little and get away with inferring the named person. In the case of Tiger Woods you could title the book 'Searching for the Tiger in the Woods' and not only would most people get the reference, the keywords would still show up in a search engine.

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If the named person has indeed trademarked their name it may affect how you can use it.

You can, however, bend the rules a little and get away with inferring the named person. In the case of Tiger Woods you could title the book 'Searching for the Tiger in the Woods' and not only would most people get the reference, the keywords would still show up in a search engine.

 

Hey, that sounds like a pretty cool book! :)

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Thanks.

 

That's all fair enough; but I still don't understand why 'Tiger Woods' is protected, but 'Bobby Fischer' is not?

 

Is it just a case of a person needs to trademark their own name, in whichever jurisdictions, in order to be protected?

Money and fame :roll:

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