Can You Name a Human After Something Copyrighted Like a Brand Name?

Brand names are trademarked, not copyrighted. Despite this, it is possible to name a human after a brand name or use a brand name for a human, reflecting the unique and often creative nature of our world.

Trademark vs. Copyright: A Deep Dive

Brand names, like "Pepsi" or "IKEA," are protected through trademarks. These trademarks ensure that the brand name retains its distinct identity in the marketplace, preventing others from using it to confuse consumers with similar goods or services. However, no form of copyright typically applies to names, making it perfectly legal to name a person after a brand.

Examples of Naming Humans After Brand Names

The possibility of using brand names as personal names showcases the flexibility of naming conventions. For instance, "Marijuana Pepsi Sawyer" is a creative and unique name given to a child from Wisconsin. Similarly, the name "ESPN" has been used as a first name for four individuals, underscoring its broader usage beyond its original context.

Technical Insights

While names themselves are not subject to copyright, poems and lyrics are. This raises the question: What if a full poem or song were used in a name? In countries that recognize copyright, names containing entire poems or songs would likely be problematic. The potential for infringement and confusion makes such names less feasible.

The legal distinction between trademarks and copyrights is crucial. Trademarks prevent competitors in the same market from using a name, but they do not restrict the use of that name by individuals or entities outside of that market. For example, while no hotel can use the name "Howard Johnson," a plumbing business is free to do so. The same logic applies to naming people. Since being a person is not considered a "competing business," it is not restricted by trademark law.

One interesting case is the name "Apple," which is a real person's name, embodying the unique spirit of creativity and personal expression. "Apple Martin," the daughter of Chris Martin (from Coldplay) and Gwyneth Paltrow, is an obvious example. Interestingly, this name happens to sound like an "Apple Martini," a classic cocktail. This coincidence adds an amusing twist to the story and further illustrates the fun and creativity involved in naming humans.

In conclusion, while brand names are protected through trademarks and are thus not copyrighted, the freedom to use them as personal names exists. This freedom is a testament to the adaptability and creative nature of human society, allowing us to incorporate a wide range of unique and interesting names in our social fabric.