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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: 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: 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:
TITLE.
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Name Registration:
1) The registration of a trademark name. See: 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: 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: COPYRIGHT LAW
under "Noncopyrightable Material."
Under state common law, protection of a name begins with…
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