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NAME

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A word or phrase that offers distinctive designation to a business or person. It may relate an established reputation and acquire value because of the success or good will associated with it.

A business name may be real, i.e., the same as the proprietor's name, or fictitious, i.e., different from the proprietor's name.

The name of a person may be real, an alias, i.e., an assumed name, pseudonym or pen name, professional name, or other fictitious name.

See Cross-links: TITLE, LOGO, UNFAIR COMPETITION, CREDIT, FALSE ARBITRATION, RECORD COMPANY under "Custom Label," TRADEMARK under "False Designation of Origin," COMPUTER under "Name," NAME under "Name Rights," "Name Registration," and "Omission of Name."
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Fictitious Business Name Statement:
A statement submitted, usually to the county, that registers the fictitious name of a business. The statement contains the fictitious name and address of the business, the name and address of the proprietor of the business, and the business form, e.g., sole proprietorship, general partnership, limited partnership, corporation, business trust, etc.. See Cross-links: BUSINESS, CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP, TRUST.
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Fictitious Name:
1) An alias or pretended name taken by a person.

2) A name used by a business that is not the same as the name of the person engaged in the business. See Cross-links: TITLE.
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Name Registration:
1) The registration of a trademark name. See Cross-links: TRADEMARK under "Registration of Trademark."

2) A procedure to record the name of an affiliate to eliminate confusion resulting from duplicate or like names, e.g., a performance rights society will clear a publisher's name before the publisher is accepted as an associate. See Cross-links: PERFORMANCE RIGHTS SOCIETY, MUSIC PUBLISHER.
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Name Rights:
The legal rights to, or the legal right to use, a name. Protected by state common law, the Lanham Trademark Act, and in some cases, indirectly by the federal copyright law (this is the case when a name is included in the body of a song, article, or other material protected by copyright law. However, the copyrighting of names, per se, is not granted under copyright law). See Cross-links: TRADEMARK, TRADEMARK-A CLOSER LOOK, COPYRIGHT LAW under "Noncopyrightable Material."

Under state common law, protection of a name begins with…

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