Ron Paul's name is being Trademarked

already clearly established, commonly known and in common use within the public domain. Well... yes he actually CAN... but it would only legally apply to use of the name "Ron Paul" when or if it were being used in reference directly to HIM (this "other" Ron Paul). Even though copyright and trademark claims are legally based upon a "first come, first serve" basis - even still, that is not necessarily the case here. Ron Paul (our Ron Paul) could clearly prove that his name was in widespread use by the public at large all across America (and the world), not to mention his name was already historically famous as a member of U.S. Congress for so many years - and his name having been used and having been known to the general public long before this "other" Ron Paul fella came into existance. The only possible way that this "other" Ron Paul fella could enforce any type cease and desist order would be if use of "his" name were being used without his authorization in reference to "HIM." So long as Ron Paul's name is being used in reference to Ron Paul (our Ron Paul - the Doctor and Congressman of Texas running for President)... then anything that this "other" Ron Paul claims regarding the name "Ron Paul" or rights to/over that same name DOES NOT APPLY HERE IN THIS CASE. But ONLY if someone were using the name "Ron Paul" in reference to "HIM" (this "other" Ron Paul). Anyone obviously knows that all these Ron Paul websites and the phrase "Ron Paul Revolution" is made in reference to Ron Paul the Texas Congressman. Nobody need worry, this is just some frivoulous unrelated peice of information being taken out of context and over exagerated. Nobody is going to come along and :"egally" claim that Ron Paul has to stop running for President using his own name or that everyone has to take down all these Ron Paul related websites because someone with the same name as our Ron Paul has recently come along and legally established a similar trade name under copyright or trademark reserved status. Ron Paul is good to go and we need to be more concerned as to how he does tomorrow in Texas and ohio than being concerned over something ridiculously blown out of proportion such as this exagerated impossible nonsense. Oh and by the way, did you know that if you have a "life story" that you someday wish to make into a book or movie but someone steals and copyrights "YOUR" life story and then markets it - did you know that you can fully recover from them ALL profits made by them. Your "life story" or anything that is "true life or history based" is YOURS, even if you have not yet copyrighted it. So in other words, if someone trys to beat you to the punch and steal your true life story, you will prevail against them in a lawsuit. Just to let you know!

Actually, names CAN be trademarked. Apparently many celebs have done it to protect against "cyber-squatters". Interestingly, in the scenario described in the original post, RP could avoid such cyber-squatters if he himself trademarked his name - lol

Several celebrities have been successful in getting their domain name from cybersquatters under ICANN, including Nicole Kidman, Julia Roberts and Venus and Serena Williams. Others have not been as successful, like Sting and Bruce Springsteen. However, registering a trademark to a name will provide added protection against cybersquatters trying to benefit financially from an already well-known domain name.

Should I Trademark My Name?

Trademark infringement existed before the Internet, but the ease of registering domain names has increased the challenges of trademark rights. Because anyone from high school students to multi-million dollar corporations can register domain names at little expense, it may be a good idea to register your name if you feel it could be threatened by a cybersquatter.

This is especially true for people whose names are also their profession, like actors, car dealers, even fashion designers. Designer Ralph Lauren has had his name trademarked since 1972 for added protection. Fashion designer Donna Karan found her trademark useful when she fell victim to a dispute over her name. A man unknown to her, Richard Wilson, had registered the domain name www.dkny.biz. Karan had already owned www.dkny.com and www.donnakaran.com, and filed suit with the WIPO stating Wilson registered the domain name in bad faith. The WIPO panel agreed with Karan, requiring the domain name to be transferred from Wilson to The Donna Karan Company.

How to Trademark a Name

Anyone whose name also identifies a business or profession should consider trademarking their actual name. If you are considering establishing a trademark for your name, you should first perform a trademark search with LegalZoom or by going to the U.S. Patent and Trademark Office's (USPTO) Web site at www.uspto.gov, to determine if it is claimed as a mark by someone else. The USPTO reviews trademark applications for federal registration and determines whether an applicant meets the requirements for federal registration.

They would also at the very least need to provide proof of thier name being utilized in some form of media first. Then they must prove they used media that crossed state lines to obtain a federal level trademark.

I own an international marketing company and am well versed on property rights.

Thise is a vaige explnation here :

The only way they could force you to stop using the name or the websites would be if you are in the same business which is backed by : confusion of the public : as in an attempt to confuse consumers and prospects in to thinking you are the same company as the trademarked company.

I could be Ron Paul shoes and no one else could use the name Ron Paul on thier shoes IF I WAS granted the trademark to promote shoes however they could be Ron Paul tires and use the name with no recourse.

The fact is they will probably not recieve the copyright or trademark for the name Ron Paul so i wouldn't worry too much about this.

If they allow a trademark it will likely be Ron Paul Lobbying or consulting not just Ron Paul.

Dr. Steve Parent

You can't trademark somebody's name, especially somebody running for President. It's already in use.

Who cares if he wants to name a company "Ron Paul Consulting Company"? Especially if his name is also Ron Paul, he has a right to do it. A trademark, if granted, won't affect anything we do except we can't start a company named "Ron Paul Consulting Company."

Don't bother the USPTO or this poor applicant.

IMissLiberty

I work for an intellectual property firm - one of the attorneys I support deals exclusively in trademarks. If anyone thinks it would be a good idea, I could ask about this tomorrow. Just put forth anything you'd like me to bring up and I can see what I can do!

I'm not sure what all should be done to prevent this.. but I sent an email to the USPTO asking for information on how to contest this application.

There are numbers and 1 email address posted on the site. Maybe we should all call and email asking to have the application denied.

couldn't we just change everything to RP or some abbreviation?

Members of RonPaulForums.com are discussing the matter now...

Sounds suspicious to me...