Baby names are becoming more and more diverse as more parents adopt baby names from different ethnic and cultural backgrounds.
But while some parents may be happy with their choice, others may be disappointed to discover that their baby’s name is a “fake” one.
Here are some common reasons why a baby’s surname could be a fake name.
Why a baby name is “trademarked” Some baby names are considered “trademarks” of a particular company, such as “Dorothy” or “Alyson.”
In the U.S., trademark registration can take a few years, and the companies that own the name can sue for trademark infringement if they suspect the baby name they’re trying to trademark is a fake.
The courts may also find the name is likely to confuse or offend, but they may grant a provisional trademark to the baby’s new name if there’s evidence the name could have a harmful effect on the business, if it’s not trademarked.
So why is a baby boy named Daniel named “Daniel” if he doesn’t have a name at all?
Trademarks can protect names, but not identities.
Names and the way they’re used are just one piece of identity.
When a name is used to identify someone, the person may have an identifiable identity, such a name, address, or photograph.
A name may also be used to differentiate between people and products or services, which may be considered protected speech.
For example, if a name associated with a famous actor and a restaurant owner is used in a marketing campaign for a brand of restaurant food, the name may be protected speech under the First Amendment.
Names can also be trademarks, or a trademarked product, or even a unique and generic product, such the name “Sara” or the name for a drug that has the word “Sarafem” in it.
Names are also trademarked for marketing purposes.
The Federal Trade Commission says, “a company can trademark a name for advertising purposes only if it reasonably believes that use of the name will be likely to deceive consumers or otherwise mislead them.”
Trademarked products can be used for a wide variety of purposes.
For instance, many pharmaceuticals contain unique and distinctive names that consumers recognize.
When they are used in product packaging or advertisements, they are protected speech, and not trademarks.
A lot of baby names have a “baby” in the name, such an “Alys” or an “Alex.”
But some parents, when considering a baby, may also want to consider whether their baby is a boy or girl.
The fact that the name of their baby isn’t a boy name could be considered a trademark.
In other words, it could be “trading off” the identity of their child to protect the company’s trademarks.
Some baby boys are named after men, but other boys are called after women.
In many cases, parents may choose a name that reflects their gender identity.
For many parents, a name may reflect a part of their identity, which might include a name they like, such “Beth” or a name their friends call her.
A boy’s name might also be called a boy’s “man name,” for example “Johnny” or sometimes “Joe.”
Some parents choose a boy-boy name for their child in order to be more identifiable and more easily recognized.
“He’s a boy!” may be a way to identify a child as a boy, but it may also serve to confuse parents or children.
Sometimes, parents choose to name their baby after a person, place, or animal, such.
For more information on the importance of trademark protection, see our trademark article: What is the First Amended U.P. Trademark?
A baby’s “name” may also have an additional, non-essential element.
In the case of a baby named “Dylan,” for instance, the court in U.K. court case Gifford Pinchot has said, “[The] child’s name ‘Dylan’ is a trademark, even though it has no meaning.”
Trademarked names have no legal protection for their own identity, and often contain the words “trusted,” “traded,” or “trader” in them.
The U. S. Supreme Court has said that it’s “a common error for parents to think that the use of a child’s own name is an endorsement of their son’s character and talents.”
If a name does have an identity element, the word in the trademarked name can be a word used to distinguish the name from other names or other words.
The word “tracked” can be found on some baby names, and it can be “tagged,” meaning it’s used to indicate the type of information or information about the baby.
If a company is registered under the trademark, it can use the word or phrase “tracker” or similar, to indicate that it is registered.
Some companies have even used the word to describe their products,