Rally Round the Trade Name
Explain whether or not the fact that Gabby's surname is Rally gives her the right to use it any way she wishes.
The mere fact that Gabby's surname is Rally does not give her the right to use the name in any means of her choosing. A person's name, alone cannot be trademarked. "Personal names (actual names and pseudonyms) of individuals or groups function as marks only if they identify and distinguish the services recited and not merely the individual or group" (United States Patent and Trademark Office, n.d., para. 1). Furthermore, if another company was using the name Rally and had documented a viable trademark claim, that company would have priority use of the mark, despite Gabby's personal connection to the name.
Victor Moseley incorporated his first name into his adult novelty store name, Victor's Little Secret, much to the chagrin of the well-known brand Victoria's Secret. During the 2003 case of Victor's Little Secret vs. Victoria's Secret, Victoria's Secret was forced to prove that the trademark had been diluted causing a monetary loss (Moseley, dba Victor's Little Secret v. V Secret Catalogue, Inc., 2003). After the passing of Trademark Dilution Revision Act of 2006, dilution no longer requires hard proof; the fact that dilution is likely is sufficient for an injunction (GovTrack, 2006). As the requirement of proof of dilution has been lifted for famous brands, Victor can no longer use the name Victor's Little Secret.
Samantha Lundberg, formerly Samantha Bucks can also attest to the fact that a personal name does not guarantee trademark ownership. Sued by Starbucks for trademark...
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