my story starts out in what any good urban legend starts (that's why i'm unsure):
i overheard a guy at work who said he heard it from another guy he knows & he mighta read it in the newspaper or something that you can copyright your name. & that a couple of criminals did such a thing. thus they were able to sue the judge that convicted them, & WON, because he had used thier names without thier permission.
so, is this true... or just something to laugh about & thing nothing more of?
2007-07-26 13:18:08 · 6 answers · asked by biodegradable insane asylum 5 in Politics & Government ➔ Law & Ethics
No.
First of all, copyright doesn't apply to names -- it's protection for creative works, like literature, artwork, music, poetry, software, maps, etc.
Protection of names and logos is covered by trademark law. And that's limited to commercial practices, not private usage. And it wouldn't apply to personal names -- only company names where the name is used as a product identified.
And even then, it doesn't prevent use of the name. It just prevents improper use -- such as claiming you are some other company, or trying to pass off counterfeit products.
2007-07-26 13:21:52 · answer #1 · answered by coragryph 7 · 3⤊ 1⤋
It's called the redemption process. It is very complicated and now, judges have closed that "loophole" I believe.
I used this method effectively though with a lawyer attempting to take money from me and my family through a frivolous lawsuit. He tried many ways to get around the copyright, and when he finally thought he had the judge on his side. I changed the tactic and stated my liability as true, on the condition that he produce a bonafide bill or other instrument with my signature on it that made me liable to his client. Along with that I asked him to prove his claim over 150 different ways. He tried and eventually had to tell his client the case was unwinable (what a fOckin loser eh)
The second method is called the Honor / Dishonor method. It is very effective, because you do not argue, you admit everything...ON THE FOLLOWING CONDITION THAT YOU PRODUCE EVIDENCE OF...and fill in the blank.
You can find this stuff online, a Lady who pioneered this is Victoria Joy, not sure if she is still active.
Caution: you gotta do alot of studying and really know what you are doing, or they will slam you in the butt so fast you wont have time to shriek.
Luck.
2007-07-26 20:28:29 · answer #2 · answered by lawyerslastbreath 2 · 0⤊ 0⤋
Sounds pretty unlikely to me. Just because things are copyrighted doesn't mean you're not allowed to ever use the word without getting sued. Otherwise we could never talk about Coca Cola or Harry Potter without being on shaky legal ground, which would be ridiculous.
2007-07-26 20:24:58 · answer #3 · answered by Ambivalence 6 · 1⤊ 1⤋
Definitely an urban legend in the sense that you cannot sue someone for writing your name in a legal document. Now if they are trying to make money with your name and you copyrighted it you could sue.
2007-07-26 20:21:17 · answer #4 · answered by The Stylish One 7 · 4⤊ 1⤋
Nonsense...I say McDonalds all the time
If the Judge was imitating them, and using their copyrighted name as his own...then there'd be a case
2007-07-26 20:21:35 · answer #5 · answered by responder 3 · 2⤊ 0⤋
No...you can use someones name freely i can say Shaq...and many other names...you can speak and publish any material you want as long as its not someone elses work or material...you cant copyright words...the idea is just stupid
2007-07-26 20:20:48 · answer #6 · answered by Hex 2 · 3⤊ 1⤋