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Should You Trademark Your Baby's Name?

Posted: 02/14/2012 4:14 pm

Beyonce and Jay-Z took unique celebrity baby naming one step further last week when they moved to trademark infant daughter Blue Ivy Carter's name. Parents have a right to trademark their minor children's names, according to U.S. law, but the name has to be both distinctive and connected to some expectation of commercial enterprise.

If Beyonce and Jay-Z had named their daughter Jennifer, say, she'd be one of nearly 2000 Jennifer Carters in the U.S. and it would be difficult to prove that someone selling Jennifer Carter crib bumpers was trying to trade on the name of their little Jennifer Carter. But when other entrepreneurs rushed to trademark the name Blue Ivy, Beyonce and Jay-Z made a preemptive move to protect their daughter's unusual moniker from outside exploitation.

We can only guess that trademarking the name Blue Ivy will have repercussions among other celebrity parents. We foresee more celebrities choosing ever more distinctive names for their children, to strengthen their case for trademark protection. And we predict that they will then claim exclusive legal rights to those baby names.

Does the trademark mean that you can't name your child Blue Ivy? No, but if Blue Ivy Messerschmidt grows up and wants to open a Blue Ivy Restaurant or design a line of Blue Ivy clothing, she might find herself facing a lawsuit.

A search through the trademark office's records shows that other celebrities have claimed trademark rights to their distinctive names. Dweezil Zappa, for one, along with his sister Moon Unit. Elvis Presley, and Beyonce herself.

But there's no record of other famously unique celebrity baby names gaining trademark status. Some prime young candidates for name trademark protection:

Exton Elias, Robert Downey Jr.
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This being a completely unique name, the Downeys would be wise to trademark it asap. There is a trademark on file for an Exton line of plastics, but they could go for the full Exton Elias moniker or grab Excellent Exton.

 
 
 

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Beyonce and Jay-Z took unique celebrity baby naming one step further last week when they moved to trademark infant daughter Blue Ivy Carter's name. Parents have a right to trademark their minor child...
Beyonce and Jay-Z took unique celebrity baby naming one step further last week when they moved to trademark infant daughter Blue Ivy Carter's name. Parents have a right to trademark their minor child...
 
 
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02:09 AM on 03/21/2012
I thought it was ridiculous at first, but it makes a little sense in the end. As the article pointed out, it's likely that people would try to profit off of name recognition. They're being protective. They don't want people selling Blue Ivy Carter onesies, based on the fact that people assume Beyonce and Jay Z are connected to it. I don't know if it cost anything for them to trademark it, but, hell, it's their money.
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freaktown
01:32 AM on 02/24/2012
how can you trademark a name? my dog's name is blue, does that mean they can sue me now?
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Carrie White Hairdresser
More in my memoir Upper Cut
07:37 PM on 02/22/2012
so silly. Be free like JESUS...and ELVIS.
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HUFFPOST SUPER USER
Dave Buster
04:31 AM on 02/22/2012
How about celebrities get to copyright their kids names but the pay normal people to raise the kids?
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dbrett480
01:13 PM on 02/17/2012
How about celebrities have to forfeit rights to naming their children?
06:01 PM on 02/16/2012
This one nailed it: http://xkcd.com/1011/
02:41 PM on 02/16/2012
How about the name "Beezow Doo-Doo Zopittybop-Bop-Bop"?

http://www.huffingtonpost.com/2012/01/06/beezow-doo-doo-zopittybop_n_1190410.html
11:57 AM on 02/16/2012
From what i read, there is already a Blue Ivy Boutique or store somewhere. so how can they trademark a name that is not theirs originally.
02:02 PM on 02/16/2012
yeah i think its a catering co. or bakery maybe, i saw that when the baby was 1st born
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HUFFPOST SUPER USER
Snow Horton
11:24 AM on 02/16/2012
But why should their kid get all of the free luck with a trademarked name? How about parents let their children grow up and create their own successes instead of handing life to them. You would think black people would get this idea. Usually its annoying white parents who are too stupid to let their kids work for anything in life.
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takethetime
time to speak up
10:28 AM on 02/16/2012
If the name was something off the wall .....like say Blue Ivy and I wanted to make sure only I could make money off it and kind of be One of a Kind...then yes I probably would
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lken06880
01:53 PM on 02/16/2012
who cares
shlack123
Independent; Moderate; Atheist; Texan.
09:52 AM on 02/16/2012
Really? Oy...
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LivelyLexie
Don't panic.
09:34 AM on 02/16/2012
Way to make yourselves look MORE arrogant, Beyonce and Jay-Z. Ridiculous.
08:45 AM on 02/16/2012
My husband and I adopted a beautiful little six year old in 2006. She came to us with a very unusual name. Since she was already six years old, we decided that changing her first name as well as her last name would be too much for her to handle. When she was ten, she asked if she could have a more ordinary name. Kids at school were teasing her and even adults made unkind remarks about her name. Strangers couldn't pronounce it and kids enjoyed rhyming with it. We had thought we'd let her change her name at eighteen, but in thinking about it we decided not to make her wait. We allowed her to choose her own name, after allowing her to try out names at home for a little while to make sure she'd be happy with her new one. She chose a name we all like very much and we had it made legal last year. It took very little time for her friends, family, and classmates to get used to her new name and she continues to love it. Kids don't want really odd names. IMHO, If you really have to do it, give them an unusual nickname instead of one they have to use legally.
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Ossit
Ossit
11:12 AM on 02/16/2012
You should've taught her to be proud of her name instead of allowing her to give in to cruel kids and adults who had a problem with her name. Her name wasn't the problem, other people are, Kathie Ann. Of course she loves her new name, you never made her feel so proud of her own name that no one could diminish it.
rlpl02
Motivational Bull****er
09:48 AM on 02/25/2012
Yeah, all those poor kids named Moonbeam, Sundance, Butterfly, Daydream, Doobie, Judas, Lucifer, or even the Moxie Crimefighter are names kids should be proud to have and ignore the snickers especially when filling out job applications for corporate jobs or Federal jobs. "This is agent Moonbeam, she'll be assisting you in finding your abducted child." I'm not feeling the security and strength in that. People need to be sober when picking out names for their kids. There's nothing wrong with having a different or unusual name but some should trigger red flags to have the parents drug tested when they pick names. And to say the kid should go through their childhood having to be stronger and ignore others... that is more cruel than giving the kid a decent name. No child should have to give up their childhood because they're constantly being picked on about their name. And giving up their childhood is exactly what would happen because that child would avoid being in social situations where he or she would be introduced hence leading to more snickers and jeers. You just make a neurotic out of them.
11:15 AM on 02/16/2012
I gave my daughter what I thought was a unique name all her own and two things happened. Either people loved it and used it...or people kept saying it wrong! Today my kid uses her middle name or a nick-name! So much for me being clever!
08:45 AM on 02/16/2012
This is all so stupid...............
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08:35 AM on 02/16/2012
you know what gets me? that these celebrities name their children off kilter names. it is very well accepted by the sociological community that children that have seemingly odd names have trouble with occupations and relationships. Being a famous person's child can not make that much easier.

However, if you think about long enough you would come to realize that even your name sounds weird. I have a more formal European/American-Christian name "Christopher." There are a lot of people that have this name so I guess that makes it more normal.

Do this exercise: repeat your first or middle name over and over until you get tongue-tied. Then, think about the way your name sounds to you after hearing your voice
rlpl02
Motivational Bull****er
09:51 AM on 02/25/2012
Parents should also not try to be so clever with spellig names differently. My parents spell mine differently and I'm constantly having to correct it on forms when people think I obviously don't know how to spell my own name and correct it for me.