Hello,
A new user registered a few days ago using the name "Harry Potter". Warner Bros and JK Rowling have a trademark registered for this name.
On the new users talk page ( http://www.wikipedia.org/wiki/User_talk%3AHarry_Potter ), MammaBaer posted some concerns about the user name and its legal status. I'm not experienced in trademark law, so I post this to the list.
Is the use of a trademarked name as a username problematic?
Best regards,
JeLuF
Jens Frank wrote:
Hello,
A new user registered a few days ago using the name "Harry Potter". Warner Bros and JK Rowling have a trademark registered for this name.
On the new users talk page ( http://www.wikipedia.org/wiki/User_talk%3AHarry_Potter ), MammaBaer posted some concerns about the user name and its legal status. I'm not experienced in trademark law, so I post this to the list.
Is the use of a trademarked name as a username problematic?
Maybe it's his real name.
Ec
Is the use of a trademarked name as a username problematic?
I don't think so, because it is not associated with the sale of a good or service.
The relevant US code states: http://www4.law.cornell.edu/uscode/15/1125.html
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(c) Remedies for dilution of famous marks
(1)
The owner of a famous mark shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's *commercial use in commerce* of a mark or trade name,...
The following shall not be actionable under this section:
(A)
Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.
(B)
*Noncommercial* use of a mark.
(C)
All forms of news reporting and news commentary.
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That may not stop stupid people from sending nasty letters, but I think we can safely ignore them.
Regards,
Erik
Erik Moeller wrote:
(c) Remedies for dilution of famous marks
It's very possible that "Harry Potter" doesn't qualify as a "famous mark" anyway. A "famous mark" is special, as compared to an ordinary trademark, a new category created, I believe, in 1995.
It's a long story, I think.
A new user registered a few days ago using the name "Harry Potter". Warner Bros and JK Rowling have a trademark registered for this name.
On the new users talk page ( http://www.wikipedia.org/wiki/User_talk%3AHarry_Potter ), MammaBaer posted some concerns about the user name and its legal status. I'm not experienced in trademark law, so I post this to the list.
Is the use of a trademarked name as a username problematic?
JeLuF
Somewhat, depending on the aggressiveness of the trademark holder. I think I heard that even The MacDonald, (the Lord of the Isles) had trouble with MacDonald's which is absolutely ridiculous. Probably it is a non-issue as it will fall below their radar. i named a city on a mud Redwall and have yet to hear from Brian Jacques....
Fred
Fred Bauder wrote:
Somewhat, depending on the aggressiveness of the trademark holder. I think I heard that even The MacDonald, (the Lord of the Isles) had trouble with MacDonald's which is absolutely ridiculous. Probably it is a non-issue as it will fall below their radar.
Some of these complaints can get fairly silly. There has been a case in the news recently here in British Columbia. A couple of guys (i.e. "bucks") from the Haida first nation started up a local café which they called "Haida-bucks" in their remote community in the Queen Charlotte Islands. When a certain well-known Seattle based coffee merchant caught wind of this they began an action for trademark violation against these guys. It's much too early to know where this is going legally, but when the news became public the guys started to receive money in the mail from complete strangers to fund their legal defence.
Ec
(Jens Frank JeLuF@gmx.de): Hello,
A new user registered a few days ago using the name "Harry Potter". Warner Bros and JK Rowling have a trademark registered for this name.
If he writes a novel, or specifically portrays himself as somehow associated with the novels (other than as simply a fan), then there might be a problem. But trademarks are only valid for the particular purpose for which they are used: you can't trademark a name like "Apple", for example, and totally forbid anyone to use it for any reason. But Apple records can prevent you from selling records under that name, and Apple computer can prevent you from selling computers under that name, because they did it first and acquired name recognition in those specific markets. But if you want to call yourself "Apple" for your own personal reasons, that's fine.
Of course, none of that will prevent trademark owners from /claiming/ that you are infringing when even they know you're not, and making trouble. Until such a claim is made, I see no reason to be paranoid about it.
Lee Daniel Crocker wrote:
But Apple records can prevent you from selling records under that name, and Apple computer can prevent you from selling computers under that name, because they did it first and acquired name recognition in those specific markets.
And those two companies manage to co-exist without trying to shut each other down.
Ec
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Jens Frank wrote: | A new user registered a few days ago using the name "Harry Potter". | Warner Bros and JK Rowling have a trademark registered for this | name. | | On the new users talk page ( http://www.wikipedia.org/wiki/User_talk%3AHarry_Potter ), | MammaBaer posted some concerns about the user name and its legal | status. I'm not experienced in trademark law, so I post this to | the list. | | Is the use of a trademarked name as a username problematic? | | Best regards, | | JeLuF
Why are you assuming that th new user's real name is not Harold Potter?
- -- ~ Sean Barrett | Modern art is what happens when painters stop ~ sean@epoptic.com | looking at girls and persuade themselves that ~ | they have a better idea. --John Ciardi
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