# Can a person's name be copyrighted?

**URL:** <https://boards.straightdope.com/t/can-a-persons-name-be-copyrighted/453093>\
**Category:** Factual Questions\
**Created:** [June 16, 2008, 11:52am UTC](https://boards.straightdope.com/t/can-a-persons-name-be-copyrighted/453093 "2008-06-16T11:52:25Z")\
**Posts on this page:** 2\
**Page:** 2

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**Author:** ![Alive\_At\_Both\_Ends](https://avatars.discourse-cdn.com/v4/letter/a/73ab20/32.png) [@Alive\_At\_Both\_Ends](https://boards.straightdope.com/u/Alive_At_Both_Ends)\
**Post date:** [June 19, 2008, 8:40pm UTC](https://boards.straightdope.com/t/can-a-persons-name-be-copyrighted/453093/21 "2008-06-19T20:40:23Z")

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[QUOTE=acsenray]  
I haven’t heard of any, but even if the Presley estate had objected, they would have had no case, no more than Lou Costello’s estate would.  
[/QUOTE]

I’m not so sure about that. Admittedly he doesn’t call himself “Elvis Presley”, but then again, “Elvis” by itself is also a trademark of Elvis Presley Enterprises. And [this Google Books page](http://books.google.co.uk/books?id=tWqHSZwICqUC&pg=PT416&lpg=PT416&dq=elvis+trademark&source=web&ots=HdbJ7Bf0pz&sig=kDJ2XWXHlfFZFo3BeFwmUyRBMFc&hl=en&sa=X&oi=book_result&resnum=4&ct=result) claims that they sued a nightclub for using “Elvis” as part of its name. (The reference is at the bottom of the displayed page).

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [June 19, 2008, 9:01pm UTC](https://boards.straightdope.com/t/can-a-persons-name-be-copyrighted/453093/22 "2008-06-19T21:01:50Z")

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[QUOTE=Alive At Both Ends]  
I’m not so sure about that. Admittedly he doesn’t call himself “Elvis Presley”, but then again, “Elvis” by itself is also a trademark of Elvis Presley Enterprises. And [this Google Books page](http://books.google.co.uk/books?id=tWqHSZwICqUC&pg=PT416&lpg=PT416&dq=elvis+trademark&source=web&ots=HdbJ7Bf0pz&sig=kDJ2XWXHlfFZFo3BeFwmUyRBMFc&hl=en&sa=X&oi=book_result&resnum=4&ct=result) claims that they sued a nightclub for using “Elvis” as part of its name. (The reference is at the bottom of the displayed page).  
[/QUOTE]

Again:

(1) “Armed Forces / Elvis Costello and the Attractions” on the cover of an album is not a trademark use. It is merely use of a name (albeit an assumed one) as a name. The nightclub situation _is_, however, a trademark use.

(2) I would be very surprised if any court concluded that a use like “Armed Forces / Elvis Costello and the Attractions” had created a likelihood of confusion with “Elvis” or “Elvis Presley.” It’s just too obvious that “Elvis Costello” is not the same person as “Elvis (Presley).” In the likelihood of confusion test, a court would take into account the fact are other people named “Elvis” and that everyone knows that there can be other people named “Elvis,” especially when used with a family name.

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