nadir (oh) and Personal Names, Trademark Protection Of (law)

nadir (oh)

[Date: 1300-1400; Language: French; Origin: Arabic nazir 'opposite']
the time when a situation is at its worst
::By 1932, the depression had reached its nadir .

Personal Names, Trademark Protection Of (law)

Traditionally, courts have been reluctant proscribe the use of ones own name in business even when another business exists by the same name. As such, courts would try to craft injunctions to be as narrow as possible to permit use of a personal name. More recently, courts have become increasingly insensitive to any prohibition on using ones own name, where such use creates a likelihood of confusion for consumers. Thus, trademarks consisting of a persons own last name (surname) are generally protected under trademark law once the mark has acquired secondary meaning. First names may not need to acquire secondary meaning, however they receive very weak protection generally.

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