Q. For personal reasons, I have decided to change my name. I know how to do that. What I want to know is if I can also have it copyrighted. My friends think this is crazy, but I think that the name I have put together is one that will really stick in peoples’ minds, so it may be a benefit to me professionally in any number of lines of work. Please comment.
A. In most instances a person cannot simply copyright or trademark their own name.
Copyright and trademark law does protect names in certain contexts, but not simply as your own name. However, if you are concerned with the unauthorized commercial use of your name, Maine law protects against that.
Copyright and trademark law protect names in commercial uses. Copyright law protects “creative works,” including literary, music and visual works. Your given name — even one you give yourself — is not going to be considered a creative work that can be copyrighted. Names in a book, such as “Harry Potter” are protected by copyright as part of the literary work in which it is used.
Trademark law protects a name if it is associated with a product or service. An example of this is “Ralph Lauren,” which is a real person’s name, but also the name of the company that produces clothing. So the use of the name Ralph Lauren is protected by trademark law, because it represents the clothing and goods made by the Polo Ralph Lauren Corp.
If you are concerned about the unauthorized use of your name, Maine law prohibits the unauthorized use of your name or image for commercial purposes. The unauthorized appropriation of your name or likeness is considered a violation of your right to privacy. This comes up in advertisements, with lawsuits that typically involve famous people or celebrities.
You might see this in the use of someone’s name or photograph in an advertisement that suggests that they endorse the product that is being advertised, when in fact they have not agreed to promote the product. A recent example of this was a company that used a photograph of President Barack Obama wearing one of their coats.
The company created a large billboard advertisement predominantly featuring the photograph of the president. The company agreed to take the billboard down after being contacted by the White House.
Maine courts have recognized the right to privacy since 1976, and the violation of that right is grounds for a civil lawsuit. There are exceptions to the unauthorized use of your name or image, most commonly for news reporting. But if someone has used your name or photograph to promote a product or service without your permission, you should contact an attorney.
If you are worried about someone changing their name to your new one, you needn’t.
Most people have a lot invested emotionally in their given names, even when they wish their parents had named them something else. If someone goes so far as to change their name to yours in order to create some confusion as to who the “real” Mr. Special Name is, that’s when you should see an attorney.
This column is a service of the Lawyer Referral and Information Service of the Maine State Bar Association. Its contents are a general response to the question and do not constitute legal advice. Questions are welcome. E-mail AAL@mainebar.org, describe your question and note you are a BDN reader. Written questions mailed to “Ask a Lawyer,” Bangor Daily News, P.O. Box 1329, Bangor, Maine, 04402-1329 will be forwarded to the LRIS.