Understanding Trademarks for Personal Names: The Case of Elvis Presley
The name 'Elvis' is a prime example of a personal name that has been protected by trademark law, particularly in the realms of entertainment, media, and merchandising. Whether it is simply 'Elvis' or the full name 'Elvis Presley,' numerous registrations exist, owned by Elvis Presley Enterprises, Inc., The Estate of Elvis Presley, and Merocel Corporation, among others. This article explores the intricacies of trademark law and how it applies to personal names, illustrated through the vast array of trademark registrations for Elvis Presley's name and likeness.
What is a Trademark?
A trademark is a brand identifier that serves to distinguish the goods or services of one entity from those of another. Unlike copyrights, trademarks do not protect the names of individuals. Instead, they protect the names used as identifiers for goods and services. For instance, you can copyright your novel, but you cannot copyright your name. However, a creative name can be trademarked if it is used effectively as a brand identifier.
Why Can't Personal Names Be Copyrighted?
When a creative work is copyrighted, it means no one can legally copy it without the copyright holder's permission. However, personal names are not creative works; they are simply identifiers. If names could not be used without permission, then writing them down, publishing them, or even speaking them would be impossible. Therefore, personal names cannot be copyrighted.
How Does Trademark Law Protect Personal Names?
In the case of 'Elvis Presley,' various aspects of his name and likeness are trademarked to protect the brand and ensure that unauthorized entities do not exploit them. For example:
Pathway to Accessing Trademark Registrations: The U.S. Patent and Trademark Office’s (USPTO) website, through its Trademark Electronic Search System (TESS), allows anyone to search for registered trademarks. To find trademark registrations related to 'Elvis Presley,' you would need to use the TESS system. Trademark Types: Names can be trademarked if they are used as identifiers for goods or services. This includes first names, full names, and even phrases associated with a name, such as 'Elvis Week' or 'Elvis Slept Here.' Elvis Presley Enterprises, Inc., The Estate of Elvis Presley, and Merocel Corporation, have registered trademarks for 'Elvis' in multiple categories, including: lottery tickets, metal key chains, license plates, slot machines, wines, purses, handbags, cotton fabric, plush toys, clothing, sunglasses, entertainment services, and restaurant services. Additionally, 'The Estate of Elvis Presley' has registered 'Elvis Presley’ for prerecorded audio magnetic tapes and phonograph albums, while Merocel Corporation holds a trademark for sponges used to clean and defog endoscopes and laproscopes.Common Misconceptions About Trademark Protection
Many people confuse copyright and trademark protection. While copyright protects original works of authorship, trademark protection is for identifiers of goods or services. Concepts such as brand recognition and consumer confusion are key factors in trademark law, whereas copyright law focuses on the expression of an idea.
Informative Material from the US Patent and Trademark Office
The USPTO website provides an array of educational resources on trademark law. These materials are not only legally correct but are also written in an easily understandable way. Resources include guides to trademark applications, information on the registration process, and detailed explanations of the legal aspects of trademarks.
Conclusion
The personal name of Elvis Presley is a unique case in the realm of trademark law, showcasing how famous names and their associated brands can be protected through trademark registrations. Understanding these protections is essential for businesses, artists, and consumers to navigate the complex world of brand identity and avoid legal pitfalls.