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

[Edward Timberlake]

With trademarks (and trademark registrations), it's always fact-specific :)



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
919.960.1950








On Thu, Jul 3, 2025 at 2:20 PM Dale Quisenberry <dale at quisenberrylaw.com>
wrote:

> 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
> 919.960.1950
>
>
>
>
>
>
>
>
> On Thu, Jul 3, 2025 at 1:55 PM Orvis via E-trademarks <
> 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>:
>>
>> 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
>>
>>
>>
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>>
>>
>>
>>
>>
>> *From: *E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf
>> of Esther Lee via E-trademarks <e-trademarks at oppedahl-lists.com>
>> *Date: *Thursday, 3 July 2025 at 12:33 pm
>> *To: *e-trademarks at oppedahl-lists.com <e-trademarks at oppedahl-lists.com>
>> *Cc: *Esther Lee <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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