UK legal question: Is the families permission required......?

Question

Where I work, a senior manager, who was very respected in our organisation, died. It has been suggested naming one of our buildings in his name as a memorial.
However,I don't think his family are very keen on this idea.
Q1: Is the families permission needed to do this?
Q2: Do they have a right to take out an injunction to stop this?

(I'm interested in the LEGAL point of view here - not the moral ethics. I dont want to see done anything that the family don't want but other people ego's are involved!)
thanks for your time.

Answer 1

I don't think they are required to give permission, why wouldn't they be happy with the idea, when all those streets and flats were named after Nelson Mandela in the 1980's in the UK, I'm sure no-ones permission, expecially his own was asked

Answer 2

If his name is registered as a Trademark then the permission of the estate is required.

The family could pursue an injunction.

The pursuit if an injuction can be done in an emergency and without out notice to you that it has been applied for as long as the deceased estate give an undertaking to the court.

Answer 3

If the family does not want with the name you do not have a right to using it. Leave your old building's name on it. There are lots of other things you can do to show that you remember him. It will be unethical for you to use his name against the wishes of the family although legally you can do what ever you want since most people to not have copyrights to their names.

Answer 4

It would be unusual for a firm to use the name of an individual, alive or dead, without the consent of that person. A quick check of the WTO (ex-GATT) Uruguay Round documents shows that a personal name may be registered as a trademark http://www.wto.org/English/docs_e/legal_e/27-trips.pdf (PDF). To that extent, the value of the deceased's name belongs to his estate. (Bear in mind that a dead person cannot be libeled or otherwise defamed, but that's another story.)

I assume that the deceased did not have a contract of employment under which he created "works for hire" or designs associated with his name, and which gave his employer the right to advertise that fact.

While I can't think of any particular legal principle that applies because I can't prove that the name of the deceased has value and is "property" in this case, the threat of litigation ought to be enough to stop the firm from using the name.

I have to say, though, that many employers are cavalier in the way they take advantage of low-paid workers for their profit. One of the most cynical ones, until recently (with a change in the law) very common in the USA, was "janitor insurance" under which firms took out life insurance on their workers and kept the proceeds when they died. They'd get the proceeds free of tax, while (as I understand it) deducting premiums. http://www.taxfables.com/Columns/Business/Janitor_Life_Insurance.html

Answer 5

The family can only prevent use of the name of the deceased if they can demonstrate some intellectual property in the name. If the name had been registered as a trade mark - most unlikely - this would constitute intellectual property belonging to teh estate of the dead man.

In other words, if the family do not like it there is little thay can legally do to prevent it.

Answer 6

It seems to me that some sensitivity towards the family is required at this time. Egos are things that shouldn't be pandered to in my opinion! (If people won't be respectful to the family's wishes they lose their credibility). Why not get all the parties involved to a meeting and let them work out something?

Answer 7

They can't stop you from using the name unless that name is petented or it use elsewere. However, if they have resonable cause and gets a court order to prevent this, then they can stop you from using the deceased's name.

Answer 8

it would be family wishes if they didn't want you to name a building respect that ,but maybe also mention that you would all like to remember him and maybe have a few other suggestions.

Why put the name up if the family do not wish it and this causes more stress although i don't see why they wouldn't be honoured.

Answer 9

I have no idea what the legal aspect would be here but I would not like my name plastered anywhere. You might have to get permission legally .Would it be an infringement on their rights to privacy?

Answer 10

it rather is against the regulation to take photos of childrens without the mother and dad consent in this us of a yet i dont comprehend approximately overseas. it ought to be properly worth looking out with the aid of fact a loose kin holiday sounds stable.