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

Fri Jul 4 01:21:00 UTC 2025

I am a bit disappointed that no one worked a "Yes, Chef!" into this
thread.

On Thu, Jul 3, 2025 at 3:38 PM Esther Lee via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> Thank you all for your input.
>
> Esther
>
> On Thu, Jul 3, 2025, 11:48 AM Edward Timberlake <ed at timberlakelaw.com>
> wrote:
>
>> 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
>>>> <https://www.google.com/maps/search/13910+Champion+Forest+Drive,+Suite+203+%0D%0A+%0D%0A+Houston,+Texas+77069?entry=gmail&source=g>
>>>>
>>>> <https://www.google.com/maps/search/13910+Champion+Forest+Drive,+Suite+203+%0D%0A+%0D%0A+Houston,+Texas+77069?entry=gmail&source=g>
>>>>
>>>>
>>>> <https://www.google.com/maps/search/13910+Champion+Forest+Drive,+Suite+203+%0D%0A+%0D%0A+Houston,+Texas+77069?entry=gmail&source=g>Houston,
>>>> Texas 77069
>>>> <https://www.google.com/maps/search/13910+Champion+Forest+Drive,+Suite+203+%0D%0A+%0D%0A+Houston,+Texas+77069?entry=gmail&source=g>
>>>>
>>>> (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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>>>>
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>>>>
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-- 
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