If I Named My Daughter Oprah, Would I Infringe On Any Intellectual Copywright Law Or Trademark Guideline?
Posted by Copyright Law Enquirer on July 10th, 2009 at 04:25pm
Is the name “Oprah” a registered trademark of the Harpo Corporation. If someone wanted to legally name their daughter Oprah, would Oprah Winfrey sue for damages?
Tags: Copywright, Daughter, Guideline, Infringe, Intellectual, Named, Oprah, Trademark, Would
Under trademark law
20 Comments for If I Named My Daughter Oprah, Would I Infringe On Any Intellectual Copywright Law Or Trademark Guideline?
1. clcalifo | July 10th, 2009 at 8:54 pm
as long as your last name isn’t Winfrey you will be fine. and as long as you don’t sell a product with the name.
Lots of people have the same first names…….if we avoided a name that someone famous had, eventually we would run out of first names.
For example. Marilyn Monroe. I know several Marilyn’s and they don’t have problems with the name.
I am sure Oprah would be honored if she knew you named her daughter after her.
2. alrivera | July 11th, 2009 at 3:50 am
I am not an attorney, however, I cannot imagine anyone suing for naming your daughter Oprah. She can sue you if you try to establish a business or a magazine named Oprah.
3. Heavy Metal DVDs | July 11th, 2009 at 8:29 am
Call your daughter what ever you like. If Oprah tries to sue you, tell her that she did it as fast as she would if she saw a baked ham
4. gmonte33 | July 11th, 2009 at 2:54 pm
You can name your kid whatever the hell you want. That has nothing to do with copyright/trademark infringement. You should have read up on those terms before asking such a question.
5. chesterc | July 11th, 2009 at 3:34 pm
You shouldn’t be worried about getting sued by Oprah. A common name would not be considered protected intellectual property.
However, you risk getting sued by your daughter
6. gilmar | July 11th, 2009 at 6:03 pm
lots of people named their child after the name of the people that
they admire so, i think go ahead no problem it will be different
surname anyway .
7. mag | July 11th, 2009 at 11:30 pm
OMG! No way! and if she tried you could counter sue. That is just dumb. Maybe if you name her that then oprah will have you two on the show and give you free things!
8. BigBroth | July 12th, 2009 at 12:11 am
It’s unlikely that Harpo has a trademark on the name, Oprah, because names are very difficult to trademark. Usually the US Patent and Trademark Office won’t grant a trademark for common names.
9. auto post Amazon products | July 12th, 2009 at 12:16 am
I don’t think Ms. Winfrey would be on firm legal ground if she tried to sue someone for having the same first name. There are probably many who have named children after her (not to imply that you’re doing this instead of merely liking the name), and I imagine she’s complimented.
However, if you tried to start a magazine or a TV show and name it Oprah, you might find yourself at the wrong end of a lawsuit.
10. economis | July 12th, 2009 at 12:34 am
No because people have named their children after famous fictional trademarked characters like Darth Vader, Luke Skywalker etc etc.
11. sec272 | July 12th, 2009 at 6:43 am
You’re fine as long as you’re not making any profit from using this name…
12. omega101 | July 12th, 2009 at 10:21 am
NO … my name iz lonex and theres a company called lonex so I wonder if I can sue…
13. DetroitD | July 12th, 2009 at 1:21 pm
Jeez, I would hope not. That’s some scary power. To trademark and own a first name.
14. crystal8 | July 12th, 2009 at 5:00 pm
No. Only problem you would have is naming a business Oprah.
15. cambridg | July 12th, 2009 at 5:38 pm
No,
but if you tried to name your daughter “Microsoft” or “Pizza Hut” they might have grounds to sue you
16. Mopar Muscle Gal | July 12th, 2009 at 8:04 pm
why would you want to name your child after that racist?
17. Jimmy Crack Corn | July 12th, 2009 at 11:51 pm
no, but your daughter would have a legitimate beef with you.
18. Best Smartphone Software | July 13th, 2009 at 12:02 am
If you name your daughter Oprah, she will become a social outcast.
19. Brian L | July 13th, 2009 at 3:01 am
Yes, you might have a problem with it, because Oprah is a distinctive name.
20. First Lady | July 13th, 2009 at 7:30 am
Well, SHE probably would, but no, you can name your child Oprah if you wish.
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