# How much control does a person (especially a public figure) have over his/her name? **URL:** \ **Category:** Factual Questions\ **Created:** [November 20, 2019, 2:10am UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682 "2019-11-20T02:10:35Z")\ **Posts on this page:** 15\ **Page:** 1
**Author:** ![Drum\_God](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drum_god/32/44_2.png) [@Drum\_God](https://boards.straightdope.com/u/Drum_God)\ **Post date:** [November 20, 2019, 2:10am UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/1 "2019-11-20T02:10:35Z")
I know that a person’s name or likeness cannot be used in advertising without consent. A person has a right not to be seen as endorsing a product or business unless he/she wishes to endorse the product or business. But what about this scenario: Suppose a town in Indiana is really enamored of Mike Pence. Interstate 69 runs through the town and they would like to name it Mike Pence Expressway. Cool, right? Naturally, there are businesses along the Pence Expressway. Suppose a guy opens up a bar. He calls it Peter’s on Pence. Of course, it’s a gay bar. Can the real life Mike Pence object to the use of the word “Pence” in the name of a gay bar? Can the owner of the bar say that “Pence” refers to the business’s location, not to the former governor and current Vice President. This thought process began while I was in El Paso, Texas. There is a part of town in which many of the streets are named for golfers. Some of the golfers are alive today, some are not. Some of the streets are minor neighborhood roads and others are major thoroughfares. Along the major streets, some businesses use the name of the street in their names. What if a business is not of the sort that the real-life, living golfer would not approve? What if the business were a golf pro shop not associated with the golfer who lends his name to the street? Could the use of the golfer’s name imply an endorsement of the pro shop where no such relationship exists? ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [November 20, 2019, 10:59pm UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/2 "2019-11-20T22:59:01Z")
Pretty sure that Pence has no legal recourse in the scenario you described as far as defamation goes. In fact, even if owner wanted to name it something like “Vice President Mike Pence’s Favorite Gay Bar”, he’d probably be legally in the clear. In fact, he might even be _more_ in the clear if the name was obviously absurd. [Hustler V. Fallwell](https://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell) is probably relevant here. Because Pence is a public figure, and because the bar’s name would not be taken as a _serious_ indication of endorsement by Pence, it’s parody/opinion. No reasonable person would assume that Mike Pence approved of this gay bar, so it’s not defamatory. The golf example is different, since a reasonable person might believe that, for example, Jack Nicklaus had actually endorsed a shop called Nicklaus Golf Supplies, or whatever. Could also be trademark issues, since many golf pros license their names for products. If you use the trademark without approval, big bucks. ---
**Author:** ![GreysonCarlisle](https://avatars.discourse-cdn.com/v4/letter/g/a87d85/32.png) [@GreysonCarlisle](https://boards.straightdope.com/u/GreysonCarlisle)\ **Post date:** [November 20, 2019, 11:48pm UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/3 "2019-11-20T23:48:27Z")
> [@iamthewalrus\_3](#): > > Could also be trademark issues, since many golf pros license their names for products. If you use the trademark without approval, big bucks. Personality rights are a kind of grey area, but they most closely resemble trademark. It’s mostly left up to the states (but see the Lanham Act), and California and (perhaps surprisingly) Tennessee have pretty strict regulations. ---
**Author:** ![Drum\_God](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drum_god/32/44_2.png) [@Drum\_God](https://boards.straightdope.com/u/Drum_God)\ **Post date:** [November 21, 2019, 1:28am UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/4 "2019-11-21T01:28:46Z")
> [@iamthewalrus\_3](#): > > Pretty sure that Pence has no legal recourse in the scenario you described as far as defamation goes. In fact, even if owner wanted to name it something like “Vice President Mike Pence’s Favorite Gay Bar”, he’d probably be legally in the clear. In fact, he might even be _more_ in the clear if the name was obviously absurd. > > [Hustler V. Fallwell](https://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell) is probably relevant here. > > Because Pence is a public figure, and because the bar’s name would not be taken as a _serious_ indication of endorsement by Pence, it’s parody/opinion. No reasonable person would assume that Mike Pence approved of this gay bar, so it’s not defamatory. > > The golf example is different, since a reasonable person might believe that, for example, Jack Nicklaus had actually endorsed a shop called Nicklaus Golf Supplies, or whatever. Could also be trademark issues, since many golf pros license their names for products. If you use the trademark without approval, big bucks. But that’s just it. The “Nicklaus” in Nicklaus Golf Supplies refers not to the actual man but to the street on which the business is located. ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [November 21, 2019, 1:41am UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/5 "2019-11-21T01:41:31Z")
> [@Drum\_God](#): > > But that’s just it. The “Nicklaus” in Nicklaus Golf Supplies refers not to the actual man but to the street on which the business is located. Good luck opening a “McDonald Avenue Drive-Thru Burgers” on [McDonald Avenue](https://www.google.com/maps/place/McDonald+Ave,+Brooklyn,+NY/@40.6227595,-73.976115,19z/data=!4m5!3m4!1s0x89c244dbd7b8e791:0x52c70dc109511f87!8m2!3d40.6224684!4d-73.9755705?hl=en). ---
**Author:** ![Isamu](https://avatars.discourse-cdn.com/v4/letter/i/7c8e57/32.png) [@Isamu](https://boards.straightdope.com/u/Isamu)\ **Post date:** [November 21, 2019, 1:44am UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/6 "2019-11-21T01:44:10Z")
> [@Drum\_God](#): > > But that’s just it. The “Nicklaus” in Nicklaus Golf Supplies refers not to the actual man but to the street on which the business is located. Then that’s the argument you make in court. Bring a checkbook for the lawyers. ---
**Author:** ![GreysonCarlisle](https://avatars.discourse-cdn.com/v4/letter/g/a87d85/32.png) [@GreysonCarlisle](https://boards.straightdope.com/u/GreysonCarlisle)\ **Post date:** [November 21, 2019, 1:45am UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/7 "2019-11-21T01:45:14Z")
> [@Drum\_God](#): > > But that’s just it. The “Nicklaus” in Nicklaus Golf Supplies refers not to the actual man but to the street on which the business is located. The only factual answer is that it would be up to a court to decide. Depends on a lot of things. What the full street name is, what the full business name is, where and when this all happens. ---
**Author:** ![Julius\_Henry](https://avatars.discourse-cdn.com/v4/letter/j/8797f3/32.png) [@Julius\_Henry](https://boards.straightdope.com/u/Julius_Henry)\ **Post date:** [November 21, 2019, 2:01am UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/8 "2019-11-21T02:01:34Z")
Remember actress/model Farrah Fawcett? Here’s a somewhat relevant news story from 1977. [Ferrous Faucets](http://www.weirduniverse.net/blog/comments/ferrous_faucets) ---
**Author:** ![RioRico](https://avatars.discourse-cdn.com/v4/letter/r/f04885/32.png) [@RioRico](https://boards.straightdope.com/u/RioRico)\ **Post date:** [November 21, 2019, 3:11am UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/9 "2019-11-21T03:11:08Z")
> [@Alley\_Dweller](#): > > Good luck opening a “McDonald Avenue Drive-Thru Burgers” on [McDonald Avenue](https://www.google.com/maps/place/McDonald+Ave,+Brooklyn,+NY/@40.6227595,-73.976115,19z/data=!4m5!3m4!1s0x89c244dbd7b8e791:0x52c70dc109511f87!8m2!3d40.6224684!4d-73.9755705?hl=en). [This McDonald Ave](https://www.google.com/search?hs=7Ie&biw=949&bih=481&tbm=isch&sxsrf=ACYBGNQcIPuAClM0hwi35mIp4v_zYkS61A%3A1574298913047&sa=1&ei=IeXVXZSuApbc-gT0qZrIDA&q=mcdonald+ave+santa+rosa+ca&oq=mcdonald+ave+santa+rosa+ca&gs_l=img.12...0.0..11406...0.0..0.0.0.......0......gws-wiz-img.G78ZbNPmYJw&ved=0ahUKEwjUwu27kPrlAhUWrp4KHfSUBskQ4dUDCAY&uact=5) is the classic part of town. Ain’t no burgers around there. ---
**Author:** ![puddleglum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puddleglum/32/137_2.png) [@puddleglum](https://boards.straightdope.com/u/puddleglum)\ **Post date:** [November 21, 2019, 4:30pm UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/10 "2019-11-21T16:30:27Z")
Indiana has one of the strongest personality laws of any state. It says that no one can use a person’s name for commercial purposes without consent. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [November 21, 2019, 6:01pm UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/11 "2019-11-21T18:01:06Z")
> [@Drum\_God](#): > > But that’s just it. The “Nicklaus” in Nicklaus Golf Supplies refers not to the actual man but to the street on which the business is located. The relevant standard for a trademark (and likely similar for personality) is whether use > [@US Patent and Trademark Office](#): > > likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties’ marks. [cite](https://www.uspto.gov/page/about-trademark-infringement). Having a plausible explanation for why the store is named after the street doesn’t matter. Would the average consumer be confused? Almost certainly. ---
**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\ **Post date:** [November 21, 2019, 7:53pm UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/12 "2019-11-21T19:53:46Z")
> [@GreysonCarlisle](#): > > Personality rights are a kind of grey area, but they most closely resemble trademark. It’s mostly left up to the states (but see the Lanham Act), and California and (perhaps surprisingly) Tennessee have pretty strict regulations. Why “perhaps surprisingly?” w/o going off forum… ---
**Author:** ![GreysonCarlisle](https://avatars.discourse-cdn.com/v4/letter/g/a87d85/32.png) [@GreysonCarlisle](https://boards.straightdope.com/u/GreysonCarlisle)\ **Post date:** [November 21, 2019, 9:22pm UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/13 "2019-11-21T21:22:07Z")
> [@Leo\_Bloom](#): > > Why “perhaps surprisingly?” w/o going off forum… When I think about personality rights, I first think about celebrities. When I think about celebrities, I first think about LA or NYC, not Nashville or Graceland. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [November 21, 2019, 9:54pm UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/14 "2019-11-21T21:54:33Z")
> [@GreysonCarlisle](#): > > When I think about celebrities, I first think about LA or NYC, not Nashville or Graceland. The Elvis Presley estate was fundamental in getting legislation enacted that covers this. The estate was nearly worthless until Priscilla Presley filed enough lawsuits and got legislation passed that ended up establishing the pattern across the US. > **[Elvis and Prince: Personality Rights Guidance for Dead Celebrities and the...](https://www.natlawreview.com/article/elvis-and-prince-personality-rights-guidance-dead-celebrities-and-lawyers-and)** > > If you represent an entertainer or other public figure with a marketable likeness or their family/heirs, you should start including posthumous personality rights in your estate planning. ---
**Author:** ![GreysonCarlisle](https://avatars.discourse-cdn.com/v4/letter/g/a87d85/32.png) [@GreysonCarlisle](https://boards.straightdope.com/u/GreysonCarlisle)\ **Post date:** [November 21, 2019, 10:27pm UTC](https://boards.straightdope.com/t/how-much-control-does-a-person-especially-a-public-figure-have-over-his-her-name/843682/15 "2019-11-21T22:27:28Z")
The most similar case I can think of is _Elvis Presley Enterprises v. Capece_. In short, a nightclub called _The Velvet Elvis_ opened in Houston. It was themed around the obsession with pointless things so popular in the 70s, such as lava lamps and black velvet paintings. They even obtained a service mark. The Elvis people didn’t like it, not one bit, so they sued. The court mostly sided with the nightclub, finding that there was no trademark infringement, no dilution or tarnishment, and that the Texas rights of publicity were not violated. So there was no monetary judgment, but the nightclub had to change its advertising so that the name _Elvis_ was not prominent and no graphics of Elvis were used. So naming something after Elvis would have been a no no, but naming it after a _velvet_ Elvis was fine (in those particular circumstances).