Re: firm's name protection

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Tue, 17 Oct 1995 07:52:38 -0600

> The fact is: can the name of a legal firm be protected under copyright
> law? Or is it to be protected under trademark law?

At least here in the U.S., I would first use trademark law, in particular, 43(a) of the Lanham Act, which can apply even if you don't register the name.

> I think a point is that (at least under my country law) firm's activity
> can not be considered as commercial activity, and this leads to the
> exclusion of trademark.

Luckily in the U.S., we don't have this problem. After all, why would you be in the practice of law if you didn't want to make money there? But I also don't think that you need pure commercial activity. However, I would suspect that your damages would be a problem.

> On the other hand, firm's name is not the expression of an idea, but
> simply the identification of a single (or a group of) pro. I'm
> interested in any solution of the problem, and more interested if it
> gives international protection.

At least in the U.S., clearly not copyright. Yes, there may be a little expression, but not much. Short phrases are not covered, and in this case a short phrase consisting of the names of some of the partners is fairly low in the expression catagory.

---

The preceding was not a legal opinion, and may not be my employers'. Orignal portions Copyright 1995 Bruce E. Hayden,All Rights Reserved. My work may be copied in whole or part, with proper attribution, as long as the copying is not for commercial gain.

---

Bruce E. Hayden                                bhayden[_at_]acm.org               
Austin, Texas                                  bhayden[_at_]copatlaw.com

Received on Tue Oct 17 1995 - 13:00:39 GMT