But that’s dumb? Unless this kid is also an action figure, how would their middle name infringe on a trade mark? Unless he walks around in a Loki costume 24/7 playing pranks, causing irreparable harm to the brand.
Is like 10% of Scotland ineligible for a passport because their last name is McDonald?
The first one here was a case filed in 1997 and I consider it a bit of a travesty because the owner of “McMunchies,” Mary Blair, had to back down because she simply could not afford the cost of fighting the lawsuit, even with the backing of “… Lord Godfrey James Macdonald of Macdonald, the head of the Scottish clan that embraces all spellings of the name …” issuing a call to arms to McDonalds around the world.
This upstart burger bar starts prattling on about having used the “Mc” for a bare few decades? Rubbish. Sheer rubbish. Seriously, we should have buried that chain.
Oh, did I mention that I’m a McDonald? Yeah, there’s a reason I haven’t eaten at one of their places since 1992.
You wouldn’t believe how quickly the question of “How much do you get from that business” gets old. I mean, you probably would, but it’s also much, much worse when the person asking isn’t joking. They actually do think that I somehow get a dime out of it just for sharing a relatively common name.
First, you can’t copyright words, names, or book titles. If you write a novel called Skywalker, it doesn’t stop someone else from writing a novel called Skywalker.
Second, you can only trademark names and similar in specific areas of business. You probably could trademark Skywalker for a chain of cafes, or a line of clothing. If you don’t operate a magazine publishing business called Skywalker Pubs, you can’t stop someone running a publishing business called Skywalker Pubs.
It should go without saying that someone’s name isn’t a specific area of business and isn’t subject to trademark law. As very clearly pointed out above with the example of Scottish people named McDonald.
So, “Loki” didn’t trigger a response but “Skywalker” did? How old are these agents?
On the bright side “Baron” Trump won’t ever be allowed in the country. Might be worth it, actually.
I’m surprised no-one’s brought up the Australian journalist who wanted to test the NSW BDM registry, so she submitted for her newborn son the name “Methamphetamine Rules”, and was greatly surprised when it was registered without complaint.
Yeah we’re maybe deprecating all that health care stuff and doulas and vaccine regs, just gonna have someone tell parents =no= until they come up with creative names on their kid’s/kids’/adoptee’s birth day. No certificate for you!
Still kinda surprised that Marvel/Disney hasn’t found a way to trademark/copyright Loki anyway, kinda like how Warner/Chappel tricked everybody into thinking that they owned “Happy Birthday,” to the tune of something like $2 million in royalties a year.
The idea that copyright/trademark, even if it did exist, would give a government agency a public right to enforce a private right is certainly not true in the US (and I would assume the same in the UK). After receiving a court order for a specific issue, sure. But not before then. This is just some official that thinks a little to highly of themselves.
For what it’s worth, some very basic IP basics:
Trademark/service marks - identifies the source of goods and services and needs to be specific to a class of goods (the “customer confusion” issue). The use of any trademarked word, such as “Delta” is fine, just don’t put it on faucets, airlines, or power tools (to name a few).
Copyright - Protects any original creative work, once fixed in a medium, from copying. Want to go to Yosemite and take a black and white photo of Half Dome with the Moon and then sell prints of it? Go for it! Just don’t copy Ansel Adam’s. Not saying the A.A. estate wouldn’t try to stop you, but they should lose. Of course, when it doubt, Disney owns it, (“Ha ha. You want I break your kneecaps? Ha Ha” – M. Mouse).
Patents - Protects the “useful arts” (and not really relevant here).