The IPKat is rather puzzled here. On what grounds did Ms Jolie think she could stop others from using the name? Names per se don’t attract intellectual property rights, particularly ones which had strongly established pre-existing meanings. The best argument that the IPKat can think of is that perhaps the name would cause people to think the baby was endorsing the perfume. However, the IPKat isn’t sure of the value of a baby’s endorsement for this kind of product. Babies, while lovely, aren’t always fragrant. Moreover, a baby can’t actually sign a licensing contract. Its parents might be able to, but surely no parent would sell their baby in this way would they…?
The IPKat is rather puzzled here. On what grounds did Ms Jolie think she could stop others from using the name? Names per se don’t attract intellectual property rights, particularly ones which had strongly established pre-existing meanings. The best argument that the IPKat can think of is that perhaps the name would cause people to think the baby was endorsing the perfume. However, the IPKat isn’t sure of the value of a baby’s endorsement for this kind of product. Babies, while lovely, aren’t always fragrant. Moreover, a baby can’t actually sign a licensing contract. Its parents might be able to, but surely no parent would sell their baby in this way would they…?
The issue of copyrighting baby names is one that just may become more prominent with more parents looking for the most unique name for their baby. Although it is highly doubtful that any law will be enacted allowing parents to copyright their baby names, it just may be that many parents will try.
ReplyDeleteI think Jolie afraid of people associate her and Brad to the perfume since the baby is their child. Is it unfair competition?
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