[E-trademarks] Living person's consent when using a part of names

[Dale Quisenberry]

Good points, Ed.  I suppose it is fact specific.

Best regards,

Dale

C. Dale Quisenberry
Quisenberry Law PLLC
832.680.1000

Sent from my iPhone

On Jul 3, 2025, at 1:08 PM, Edward Timberlake via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:


A mark formed from parts of the names of two different people doesn't identify a living individual . . .  unless it does.

Wouldn't the question be whether the parts of the names identify living individuals in the minds of consumers?

And, of course, we typically have no idea what's actually going on in the minds of consumers.

It seems to me the question is: 1) What do we think 2) the Trademark Office will think 3) that consumers currently think when they encounter the mark made from parts of two names?

It's easy to say parts of names aren't names, but one could perhaps imagine a situation (depending on the chefs, and the names, and . . . everything) where a mark made from parts of two names might reasonably be expected to identify two individuals in the minds of consumers.





Sincerely,

Ed Timberlake
Board Certified Specialist in Trademark Law<https://www.nclawspecialists.gov/for-lawyers/certification-standard-summaries/trademark-law/>

Timberlake Law<http://timberlakelaw.com/>
Chapel Hill, NC

Schedule a call on Clarity<https://clarity.fm/edtimberlake>
ed at timberlakelaw.com<mailto:ed at timberlakelaw.com>
919.960.1950

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On Thu, Jul 3, 2025 at 1:55 PM Orvis via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
No, because a restaurant name formed from parts of two people's names does not identify a living individual.

Jul 3, 2025 1:37:00 PM Dale Quisenberry via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>:
My initial reaction is no, but curious to know if there is any rule or case on this that others may know about.

C. Dale Quisenberry
Quisenberry Law PLLC
13910 Champion Forest Drive, Suite 203
Houston, Texas 77069
(832) 680.5000 (office)
(832) 680.1000 (mobile)
(832) 680.5555 (facsimile)
www.quisenberrylaw.com<http://www.quisenberrylaw.com>

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> on behalf of Esther Lee via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Date: Thursday, 3 July 2025 at 12:33 pm
To: e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com> <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Esther Lee <estherdahyunlee at gmail.com<mailto:estherdahyunlee at gmail.com>>
Subject: [E-trademarks] Living person's consent when using a part of names
A restaurant name was formed by taking one to two syllables from two chefs' names, as stated on the website. If a restaurant owner wants to trademark the business name, does he need to include written consent from the two chefs in the application?


Esther

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